What you need to know about the Alito administrative order:

It was unnecessary but *consistent* w/what the PA Sec. of State and the Dem. Party of PA think should happen. *All* the parties agree that the post-11/03-received ballots should be segregated & separately counted. [1]
Indeed, such segregation is valuable b/c only then will we know whether the late-arriving ballots made a difference in any federal races--and if they didn't (which is likely), the case will be moot (or, at least, there won't be a good reason for the Court to grant cert.). [2]
Moreover, the worst case is one in which the Court later holds (wrongly, in my view) that the late-arriving ballots can't be counted and yet PA can't ID which ballots those are--a remedial nightmare scenario. [3]
Even so, there's no *reason* to issue an injunction against the Boards, b/c there's no evidence whatsoever that any of them isn't already segregating. But no harm in it, either. [4]
The GOP *also* asks the Court to enjoin the Boards from *counting* the segregated ballots. Appropriately, Alito didn't order that, for two reasons. First, there's no reason for such an injunction (nor did the GOP offer any). [5]
Second, as noted above, it's in everyone's interest (especially the Court's) to discover whether those ballots affected any election before the Court decides whether to grant cert.

These points are well-explained in the Dems' filing last night. [6]

https://www.supremecourt.gov/DocketPDF/20/20A84/160034/20201106221015844_20A84%20-%20Opposition%20to%20Motion%20for%20an%20Injunction.pdf
You can follow @marty_lederman.
Tip: mention @twtextapp on a Twitter thread with the keyword “unroll” to get a link to it.

Latest Threads Unrolled:

By continuing to use the site, you are consenting to the use of cookies as explained in our Cookie Policy to improve your experience.