The brief is here, with former SG Noel Francisco now on the brief. A snippet:
Respondents’ Oppositions only confirm what some Respondents told the Court just weeks ago: that the Court should grant review and resolve the important and recurring questions presented in this case. Pa. Dems. Br. 9, No. 20A54 (Oct. 5, 2020) (advocating for review because the questions presented are “of overwhelming importance for States and voters across
the country”); Sec’y Br. 2-3, No. 20A54 (Oct. 5, 2020).
Respondents uniformly fail to mention that after the Republican Party of Pennsylvania (RPP) filed its Petition but more than a month before Respondents filed their Oppositions, the Eighth Circuit created a split on the question whether the Electors Clause constrains state courts from altering election deadlines enacted by state legislatures. See Carson v. Simon, 978 F.3d 1051 (8th Cir. 2020). Instead, Respondents seek to obfuscate the matter with a welter of vehicle arguments turning on the fact that Pennsylvania has certified the results of the 2020 general election. In reality, however, this case is an ideal vehicle, in part precisely because it will not affect the outcome of this election.