Professor David Cohen was quoted in a WHYY article, on October 14, regarding the case before the Supreme Court of the United States (SCOTUS) on whether Pennsylvania should count mail-in ballots received up to three days after Election Day on November 3.

While SCOTUS ruled on Monday, October 19 that Pennsylvania is allowed to count such ballots, Cohen’s discussion with WHYY was prescient regarding the manner in which the decision was made. “If this were going to be an easy case, without much contention from the justices, they would have decided it already,” said Cohen. “It’s going to be a close call—not because of the law, but because of the politics.”

The 4-4 decision may have had a different outcome had a ninth justice, replacing the late Justice Ruth Bader Ginsburg, already been confirmed. Chief Justice John Roberts, who leans conservative, voted in favor of Pennsylvania’s court ruling that allows the ballots to be counted; the other conservative-leaning Justices opposed it.