how is the Court prepared to respond if it were to grant the injunction against the Pennsylvania state defendants, and on January 6, 2021, the Joint Session of Congress nevertheless counts the slate of Electors already certified and sent by the Pennsylvania Governor for Joe Biden?

There is no functional method I can envision where the Court would attempt to place itself deeper in this controversy between January 6 and January 21 if the Congress was to certify the vote of the Electoral College which included 20 Electoral votes from Pennsylvania in favor of Joe Biden. If it issues an Order that the political branches ignore along partisan lines, the Court will be damaged as an institution. I think there is no question that the Democrats, in their overriding desire to be rid of Donald Trump and deny him a second term, will disregard the damage they would do to the Court by ignoring any Order and moving forward. Under the Electoral Count Act, even if the GOP controlled the Senate, a dispute regarding the validity of Electors that cannot be resolved between the two chambers results in the acceptance by default of the Electors cerfitied by the State’s Governor — meaning the Electors named for Joe Biden would be counted.

This fact is, in my view, the practical counter-balance to any sentiment on the Court to insert itself at this time by creating any form of “retrospective” relief that addresses the validity of the Pennsylania “mail in” voting scheme.