[ April 19, 2024 ]
Last night I reported on a SCOTUS ruling: U.S. Supreme Court Justice Samuel A. Alito Jr. Gives State Officials Until Dec. 9 To File Response, General Assembly’s Republican Leadership “have No Intention of Doing So”
I wrote that before another Emergency Application, substantially similar, was filed yesterday, December 3.
Preeminent legal mind William Jacobson explains what Alito’s ruling actually means
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Pennsylvania – Don’t Assume Alito Giving Until 12/9 To Respond To Emergency Application Means He’s Letting It Die On the Vine
On December 1, 2020, we covered an emergency application for injunctive relief sought to halt any further actions by Pennsylvania to certify the election, Pennsylvania: Emergency Injunction Sought From SCOTUS To Halt Any Further Certification Actions.
See that post for background on the case, and my admittedly pessimistic assessment.
Another Emergency Application, substantially similar, was filed yesterday, December 3. That made no sense to me, why would they file twice?
I spoke to an attorney handling the case, and the explanation is that the first filing took place prior to a stay being sought from the Pennsylvania Supreme Court, which issued the decision at issue. Out of concern that the US Supreme Court might deny the stay on the procedural ground that a request had not been made to the state court, the attorneys waited for the PA Supreme Court predictably to deny the stay, and then refiled on December 3.
According to the Supreme Court docket, Justice Alito, who covers the Third Circuit, gave Pennsylvania and the other Respondents until next Wednesday to file responses.
Response to application (20A98) requested by Justice Alito, due Wednesday, December 9, by 4 p.m.
There is a lot of chatter that such a long period of time, under the circumstances, must be a way for Alito to let the application die on the vine, that the application would be “moot” or otherwise pushing it off to make meaningful relief impossible. Certainly, we can’t read Alito’s mind, but if there’s anyone on SCOTUS I don’t worry about playing such games, it’s Alito (and Thomas, too early to tell for Gorsuch, Kavanaugh, or Barrett).
In my mind-reading exercise, Alito giving the respondents’ enough time to fully prepare opposition likely means he and some other Justices take the matter seriously, and plan to rule on the merits once the opposition is submitted, rather than limiting their ruling to emergency injunctive relief. They could treat the Emergency Application as a Petition for Certiorari, accept it, and rule substantively. The few days gives the Justice enough time to prepare their respective opinions — it’s not like they really need briefs from the respondents to know the counter-arguments.
What that ultimate merits ruling would be remains to be seen. In my prior post, I was very pessimistic that SCOTUS would take the case or rule in a way that would change the state result. That’s not to say that what the PA Supreme Court did was right — it wasn’t and that PA Court has acted more like a litigant throughout this process. Mark Levin’s Landmark Legal Foundation has filed an Amicus Brief laying out the defects with the PA Supreme Court ruling.
The issue I keep coming back to is what is the remedy. SCOTUS could rule that the non-absentee mail-in votes were unlawful, and order that PA certify the vote and appoint electors based on the lawful vote only. That seems to be the only remedy to grant relief that works under the timeline for selecting the electoral college. (Denying the Application of course also is a possiblity.) Kicking the matter over the the PA legislature to select electors could be an alternative though less timely, but again, it would require disqualifying the mail-in vote as unlawful.
Would SCOTUS take such a step? It would mean that millions of voters who honestly thought they were lawfully voting would not have their votes counted. Don’t think for a second that the Justices don’t understand the political implications or are not sensitive to them.
Editor’s note: Yes, but, if they don’t, it would mean over half of the American people will be disenfranchised because their vote didn’t count.
I think we’ll find out one way or the other, but I don’t think Justice Alito is playing games to allow the case to die on the vine.
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14 Comments
3 years ago
English please ?
3 years ago
Reply to
zke007
Rather than getting choked in the weeds, and not a lawyer,
just understand it is not over!
3 years ago
Word games while Democrats commit Insurrection, Sedition and Treason!
These black robed pricks would read a jar of olives while the Titanic sinks!
3 years ago
Thank you!
I too was pessimistic and feeling very deflated when I read your posting. This is a relief!
Certainly, we can’t read Alito’s mind, but if there’s anyone on SCOTUS I don’t worry about playing such games, it’s Alito (and Thomas, too early to tell for Gorsuch, Kavanaugh, or Barrett).
AGREE!
3 years ago
The political implications ?
The political implications for the SCOTUS r/t Rigged Banana Republic elections – are that the SCOTUS will be stacked with 10 – 20 new justices by Democrats immediately.
The political implications for Rigged Banana Republic elections are that the elections are a total fraud and voting is completely useless. In Venezuela Banana Republic elections resulted in people being hunted whenever they left a city – like animals – they would just disappear and never come back. Trucks were unable to haul goods anywhere due to ambushes and political assasinations , bombings , killsquad ambushes etc. skyrocketed in direct response to rigged elections.
The political implications for Rigged Banana Republic elections are that you no longer have a country – you get war instead.
Those who believe they can insulate themselves from the consequences of Banana Republic elections – while living in a Banana Republic – are delusional , per all of modern history.
3 years ago
Reply to
Amathius
Don’t expect anything from SCOTUS.
They’re fine with packed court.
Roberts couldn’t be happier.
3 years ago
I will be earth shaking. We will see.
3 years ago
I heard that a/some PA legislatures r suing the Governor! Let’s hope that those in the silent majority that still lay silent will open their mouths finally and fight. The demoRATS are arrogant enough to put their puppet in a transition situation. They r in solidarity and in hyper attack mode…….. so y the hell aren’t WE??????
PS Ms. Geller, please add a “Parler” share-button so we can post ur articles on Parler (many ppl have joined and are defecting from Twitt Dorsey’s platform. Once the election is called in favor of the rightful winner, Donald J. Trump, I will be closing my account there too) Thanks!
3 years ago
I heard that a/some PA legislatures r suing the Governor! Let’s hope that those in the silent majority that still lay silent will open their mouths finally and fight. The demoRATS are arrogant enough to put their puppet in a transition situation. They r in solidarity and in hyper attack mode…….. so y the hell aren’t WE??????
PS Ms. Geller, please add a “Parler” share-button so we can post ur articles on Parler (many ppl have joined and are defecting from Twitt Dorsey’s platform. Once the election is called in favor of the rightful winner, Donald J. Trump, I will be closing my account there too) Thanks!
3 years ago
Time will tell – with an abundance of evidence of fraud on an unimaginable scale –
3 years ago
Pennsylvania is corrupt…the granny killing governor, the confused secretary of health and the super corrupt sec. of state.
3 years ago
It doesnt matter the out come, its still gonna end up in the streets…
3 years ago
I agree with another individual that already posted. Please have a MeWe link or Parlor link so we can share your articles. There are well over 7 million people that switched over by the second week of November and most of us have learned that Facebook, Twitter, Google/UTube are far left owned businesses that want nothing more than to silence conservatives. We are looking for outlets that appreciate our Constitution and our rights to free speech without being censured all the time. Facebook never used to censure anyone unless someone committed suicide live, or people complained about horrible post and they may have taken something down due to how gross it was. But now they are just flat out letting conservatives know that we are not wanted and they prefer to delete us completely so they can have all the power with nobody keeping them in check. With the voluminous amount of evidence that piles up on a daily basis since the election, I believe Congress calling all of our witnesses’ testimony “lies” makes me so sick! Sorry, but just because you refuse to accept it, does not make it a lie. Have the poll workers and people providing those affidavits take lie detector tests! Problem solved. Once that proves to whom is telling the truth, then move forward to casting out all votes counted when conservatives were unable to view and/or watch. If you do that, Trump wins in a landslide!!!
