I missed this development, and was wondering what was up with Alito. I wasn't alone. However, Shipwreckedcrew caught up with the procedural moves. It turns out that, like many others, the pro-Trump plaintiffs weren't aware that, per SCOTUS rules:
a party seeking a stay from the Supreme Court must first seek a Stay of the Order from the Court issuing the Order before an application for a stay to the US Supreme Court will be considered.
Got that?
After a few gear shifts, Rep. Kelly requested the PA Supreme Court to stay the effect of its Order dismissing his case. Earlier today the PA Supreme Court obliged by denying that request. That should clear the path for Alito to take the application for a stay up.
As SWC explains (Penn. Supreme Court Denies Request to Stay Its Order Dismissing Lawsuit Challenging Mail-In Balloting):
There is no doubt that Justice Alito — and likely the entire Court — has been working on the response to the Emergency Application since shortly after it was filed. They did not delay their work waiting for the Penn. Supreme Court to act. We should have an answer from the Court sometime today or tonight.
As I said yesterday, there is no reason for Justice Alito or the Court to grant this Application if they do not intend to enter the litigation brawl that is currently being waged in several courts right now. But if the Court does grant the Application, and enjoins Pennsylvania from naming electors, the chances are very high that the Court intends to take up all the challenges over the next couple of weeks.
I'm rather aghast, that the pro-Trump plaintiffs (among others) weren't aware of such SCOTUS rules.
ReplyDeleteI'll bet that they've been on the books "forever".
So one must be told "no" twice before asking the supreme leaders a question... I'll try to remember that!
ReplyDeleteHowever, I'm a little fearful of their counsels experience in USSC cases if they were not aware of that... There is too much riding on this for a newbie. (I've no idea who counsel is)
I found SWC mention of the local news coverage to be very typical of today's ministry's of truth.
Education of the readers vs informing the readers seems to work well for them but it's killing us as a country.
An interesting dynamic at work here - there would not have been a Notice of Appeal filed with the PA court and the MSM news blackout would not have reported the SCOTUS filing, so the PA court may not have known just how helpful their denial of the stay was....
ReplyDeleteInteresting, so 3d chess again played by Trump team?
DeleteThis one isn't team Trump though I am sure they are fully aware of the case.
DeleteI wouldn't put that kind of weight on it, the Wisconsin court well knew of the pre election challenge and where that was headed.
DeleteIt think it would be that they simply do not care in the least.
Thanks for the update.
ReplyDeleteI have been checking here and Zero Hedge at least twice a day since the "Rubber Meets the Road" article.
Mark, I meant to post my last comment as anonymous, but I neglected to change the setting, so not sure what that means.
ReplyDeleteAletheia
Obviously, no need to publish this, but wanted you to know. Keep up the good work.
There are a lot of dynamics that go into when we might get an order from SCOTUS. Typically, they don’t release an order until all dissents are written (although that is not a rigid rule.) I think the court is also mindful that its orders can affect markets. Thus, especially if the order grants the stay, I wouldn’t be surprised if it didn’t get issued until after the markets close today to give the markets a weekend to digest the import of such a ruling. Andy S.
ReplyDeleteI wonder whether the late breaking videos of Ga. ballot fraud as well as affidavits attesting to the illegal transportation of ballots from NY to Pa will add to Justice Alito’s pique that Pa disregarded his earlier order to segregate late arriving ballots.
ReplyDeleteJenna Ellis was just on Maria outlining another strategy that relies on state legislatures, but I agree with an earlier poster that the state legislators will need a ruling from SCOTUS to do the right thing.
Daring to hope.
Aletheia
Here is a good presentation of the video about the late-night processing of absentee ballots in Georgia.
ReplyDeleteMy take "this is historic stuff". An historic moment in our Republic. Now I believe the Supreme Court realizes that. However, if they act, I believe they will drive punitive thoughts in their writing relative to these state courts, state election leaders, and state legislatures that it incumbent on them to have the controls in place to verify and validate the citizens vote. These states have not accomplished that and I feel a heavy handed rebuke will be cast by the US Supreme court. And they should. This is why we're a Republic. The vote of its citizens is the most sacred manner of which a Republic operates. Allowing for lax controls to protect the vote regardless of manner is imperative. These states did not care to address this and for that I feel they will be punished severely very soon. Otherwise, we're just another country that says "Do as I say, not as I do".
ReplyDeleteI’m not normally one to question SWC as I have found him to be very reliable; but, the case opened on the SCOTUS docket shows that the first filing was yesterday (12/3). https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/20a98.html
ReplyDeleteSo I’m not sure where he gets the idea that Trump’s lawyers jumped the gun and filed with SCOTUS before they got the denial of the stay from the PA Supreme Court. Andy S.
Unless I am mistaken, this is not Trump's team and are independent of Trump.
DeleteI would suspect that if they tried to file without the stay the rejection would have not be logged. Docs updated, then filed and accepted post stay.
I've done that myself in making mistakes in FAR more minor processes. Courts are far more difficult than need be.
Either way I don't think it puts too much weight on SWCs coverage. For all we know SWC has communication or sourcing outside of the dockets were not privy to.
I agree that we are at a hinge point in our nation's history. The 4 year coup against a duly elected president, and now the overt in-your-face election theft, have combined to create a seminal moment much like 1776. If we roll over and calmly accept the brazen theft of a presidential election, then we deserve the tyranny that will surely follow. What we now know concretely is that the rule of law is dead, societal trust is nearly extinguished, and there is no cavalry coming over the hill to save us. Bill Barr has fled the battlefield and his legacy has now become cowardice and betrayal. Will the Supremes rise to the occasion and turn back the tide, or put the final nail in the coffin. Time will tell.
ReplyDeleteWell said, thank you.
DeleteI am going to give everyone working so hard a bit of a break here....there are so many fires on so many fronts that mistakes are going to be made....!!
ReplyDeletehttps://redstate.com/shipwreckedcrew/2020/12/04/justice-alito-has-asked-pennsylvania-to-respond-to-kelly-complaint-and-request-for-emergency-injunction-by-dec-9-n289402
ReplyDelete