Tailgate88 said:
Jack Squat 83 said:
I wish we had a TA legalese translator.
Glad you said that. I read most of these and wonder what is going on.
"Somebody stayed the thingy in response to the whatsitcalled that was remanded down to the court above on appeal of the briefs are due by next Thursday at 9:00am. Stand by for clarification. "
The irony is that this really comes full circle for the leftists. Take KBJ's dissent, where she is basically crying about how this is nonjusticiable because it was too early. The whole point from conservatives is that election fraud was consistently tossed out as such both before and after the fact in and since 2020.
From slate.com commentary;
Quote:
The colorful centerpiece is her diagnosis of the Court's recent election-law precedents as a "Kafkaesque nightmare." For years the Court has invoked Purcell-style concerns to say challenges come too latedon't mess with rules close to Election Day, even if the government delayed. Today's "revelation," she writes, is that claims can also come too early"never mind that an election is looming and related harms are presently occurring. Never mind, too, that the Government (which controls the timing of proposed and final rules) can easily game the system." Too early if you sue on the order/proposed rule; too late once the final rule lands and voting logistics are locked in. Only the Court, apparently, knows the precise invisible tightrope. She calls the government's strategy a "noxious litigation strategy that should be a red flag for courts" and a "patently inequitable Catch-Me-If-You-Can approach."
The whole matter isn't subject to the APA and only if it is ultra vires should it happen at all in a federal court (litigation around USPS procedures for handling mail in ballots), but here the mere prospect of having the post office validate if a ballot is official/valid means it is an impingement on state/individual rights. It's prima facia absurd, and this one wasn't even about a final rule.
Then, foreign-born partisan judge talwani will slow walk the ruling in the final case to be too close to the election for SCOTUS to do anything about it when she gets around to a final order in mid October.