Supreme Court Ducks Issue from Delaware About Whether States Can Mandate Partisan Balance on Their Courts
The Court in Carney v. Adams found that the plaintiff lacked standing because he was not ready and able to serve as a judge.
Category Archives: Supreme Court
Must-read Lisa Manheim: “Texas can’t block votes cast in other states. Absurdly, it’s trying.”
Lisa Manheim in WaPo:
The litigation is legally incoherent, factually untethered and based on theories of remedy that fundamentally misunderstand the electoral process. At the core, it is an uninspired retread of the many state-level claims that already have imploded… Continue reading
It Appears That Trump’s Motion to Intervene in Bogus Texas Lawsuit to Overturn the Result of the Election Was Ghost-Written By Lawyer for Texas
The Justices will not be amused:
So the John Eastman brief for Trump was ghost-written by the guy who drafted Texas's brief that the Eastman brief supports?Oh my.The Supreme Court will not appreciate the sock-puppetry, especially in a case… Continue reading
“How the Supreme Court Can Swiftly Dispose of the Texas Lawsuit Seeking to Overturn the Election”
Ilya Somin at Volokh:
Yesterday, the state of Texas filed a lawsuit essentially asking the Supreme Court to reverse the outcome of the presidential election in four key swing states—Georgia, Michigan, Pennsylvania, and Wisconsin, thereby potentially giving Donald Trump a… Continue reading
Should Justice Barrett Have Recused Herself in the Rep. Kelly Emergency Petition Seeking to Throw Out Pennsylvania’s Electoral College Votes? What About in the Pending Texas Case?
I raise this as a question, as I am not an expert in judicial ethics. But I did think (and argued) that Justice Barrett should recuse in any Trump-related election litigation.
Trump was not a party in t… Continue reading
Supreme Court Asks For Responses in Texas Bonkers Lawsuit By Tomorrow; Trump Tweets He Will Intervene. This Will All Amount to Nothing
Here’s the docket. [corrected link]
Trump tweeted that he’s intervened and sought to distance himself from the unanimous loss at the Supreme Court yesterday by Rep. Kelly.
I explained here and to the NY Times why the Texas… Continue reading
“Supreme Court Rejects Republican Challenge to Pennsylvania Vote”
Adam Liptak for the NYT:
The Supreme Court on Tuesday refused a long-shot request from Pennsylvania Republicans to overturn Joseph R. Biden Jr.’s victory in the state, delivering an unmistakable rebuke to President Trump in the forum on which he… Continue reading
Breaking: Without Noted Dissent, Supreme Court Denies Relief in Rep. Kelly PA Voting Case That Sought to Disenfranchise State’s Voters (This is The One I Said Had the Dumbest SCOTUS Argument I’ve Ever Seen)
Justice Alito referred it to the whole Court.
Earlier:
Perhaps the Dumbest Argument Ever Made in Emergency Petition to the Supreme Court Appears in Pennsylvania Election Case
Anyone who thought that the Supreme Court was going to save Trump in… Continue reading
Texas Asks Supreme Court for Permission to Sue Georgia, Pennsylvania, Michigan, and Wisconsin Over How They Conducted the Election, To Disenfranchise Voters in These States and Let State Legislators Choose Electors. It Won’t Work
I may need to take back what I said about Rep. Kelly’s PA suit being the dumbest case I’ve ever seen filed on an emergency basis at the Supreme Court.
This new one from the indicted Texas AG Ken Paxton… Continue reading
Pennsylvania Files Its Opposition in Supreme Court in Rep. Kelly Case, Teeing Up Order from J. Alito or Court Likely Today
You can find the brief here. It begins:
Petitioners ask this Court to undertake one of the most dramatic, disruptiveinvocations of judicial power in the history of the Republic. No court has ever issued an order nullifying a governor’s… Continue reading
Super Interesting: In Rep. Kelly’s Case Seeking to Overturn PA Results for President, Brief from PA Republican Party Does NOT Support Argument Election Should Be Overturned
This brief is so interesting. It does not even address the main argument made in Rep. Kelly’s brief that the PA Legislature acted unconstitutionally in passing its absentee voting law. I’ve explained it’s a nonsense argument, but it’s the… Continue reading
Carter Phillips and Bipartisan Group of Heavy Hitters (including Sen. Danforth) File Supreme Court Brief Rejecting Bush v. Gore Concurrence/Independent State Legislature Doctrine in PA case
This brief will get attention at the Court. See especially the discussion at pages 9-11.
Justice Alito Has Moved Up the Response Time to the Rep. Kelly PA Election Petition to the Morning of Safe Harbor Day: What Does It Mean?
Via Bob Barnes, comes news that Justice Alito had moved the date for the response to Rep. Kelly’s request for emergency relief from Dec. 9 to Dec. 8. I had noted in an earlier post that Justice Alito had… Continue reading
Trump Administration Files Supreme Court Brief Urging It To Hear Case That Could Weaken Campaign Finance Disclosure Rules
The Court had invited the views of the Solicitor General about whether or not it should take the case, and now the office has filed this brief. It would not surprise me to see the Biden Administration taking a… Continue reading