The Volokh Conspiracy

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Now that Pennsylvania has certified its election results, we may never know whether Justice Barrett would have recused from the election litigation

Now, Circuit Justice Alito can deny the pending application from Pennsylvania without referring the case to the full Court

|The Volokh Conspiracy |

Today, the Pennsylvania Secretary of State certified the final count for the presidential election. At this point, the Supreme Court likely has no urgent need to decide any of the pending cases on its docket. I'm not quite sure that the cases are moot–it ain't over till January 20–but the likelihood of the Supreme Court intervening are slim to none.

In time, Circuit Justice Alito will likely deny or dismiss any pending cases on his own, without referring the cases to the full Court. As a result, there will be no opportunity for Justice Barrett to opine on these cases. Thus, we may never find out whether she would have recused on the various election cases. Just as well.