[EL] U.S. Supreme Court denies a stay of Pa. Supreme Court's extension on vote by mail ballots

[Fredric Woocher]

I agree with Justin that the granting of a stay would call our for an opinion with an explanation, but isn’t there some tradition that when a matter is resolved (or, rather, not resolved) by a tie vote that no opinions are generally issued?

FDW

From: Law-election [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of henry weinstein
Sent: Monday, October 19, 2020 4:56 PM
To: Levitt, Justin <justin.levitt at lls.edu>
Cc: Election Law Listserv <law-election at uci.edu>
Subject: Re: [EL] U.S. Supreme Court denies a stay of Pa. Supreme Court's extension on vote by mail ballots

Well taken points, Justin. These 4 guys don't seem to care much about the so-called Purcell principle and it appears that Barrett will be joining them soon.


On Mon, Oct 19, 2020 at 4:52 PM Levitt, Justin <justin.levitt at lls.edu<mailto:justin.levitt at lls.edu>> wrote:
Thanks, Pam.

I’ll note that that’s four votes for a federal stay of a state supreme court decision, which would have changed the rules 14 days before an election and after 900,000 ballots have already been returned<https://electproject.github.io/Early-Vote-2020G/index.html> in Pennsylvania, without any explanation of why federal law demands such a result.  That’s just another example of why I joined Pam and several other members of this list, following Nick’s post here<https://takecareblog.com/blog/freeing-purcell-from-the-shadows>, asking SCOTUS to clarify<https://www.supremecourt.gov/DocketPDF/20/20A66/157915/20201016105409273_20A64%20-%2020A65%20-%2020A66%20Election%20Law%20Scholars%20Motion%20-%20Brief.pdf> exactly what the heck the rules are in granting or declining (or vacating) last-minute judicial stays.  Because I legitimately don’t know how the four Justices voting to grant are conceiving the equities in this case, or how those votes would be consistent with the prior stays this cycle.

Justin

From: Law-election <law-election-bounces at department-lists.uci.edu<mailto:law-election-bounces at department-lists.uci.edu>> On Behalf Of Pamela S Karlan
Sent: Monday, October 19, 2020 4:35 PM
To: Election Law Listserv <law-election at uci.edu<mailto:law-election at uci.edu>>
Subject: [EL] U.S. Supreme Court denies a stay of Pa. Supreme Court's extension on vote by mail ballots

4-4.  No opinions.

https://www.supremecourt.gov/orders/courtorders/101920zr1_ebfi.pdf<https://www.supremecourt.gov/orders/courtorders/101920zr1_ebfi.pdf>


Pamela S. Karlan

Kenneth and Harle Montgomery Professor of Public Interest Law

Co-Director, Supreme Court Litigation Clinic

Stanford Law School

karlan at stanford.edu<mailto:karlan at stanford.edu>

650-725-4851
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