Again, our thanks to commenter Ted for bringing the Scalia referral to our attention. In speaking about that application for stay, Ted writes:
I don’t think Team Obama should get too comfortable with the Court’s denial of [Donofrio] since [Wrotnowski] IS distributed for Dec 12 conference.
It’s important to remember that the “safe harbor” deadline–the date when Secretaries of State can begin constitutionally locking their states’ Electoral College votes–is today, December 9th. Thus, there is no reason for the Obama team to be anything less than totally comfortable: as long as the case is not heard and ruled upon by the end of business today (which it won’t be because it is not on the docket), the Court will concretely guarantee Obama 365 electoral votes. Game over.