That happened this year, and the majority of those challenges were heard on the merits.
This is an excellent question, and it's something that I've thought about some over the last couple of months.
Honestly, I think the answer is that the rationales for these rulings are not likely to unreasonably harm meritorious progressive OR conservative challenges.
Any merit to the notion that the rationales for some of these rulings will harm progressive challenges in future elections?
— Andrew Broering (@AndrewBroering) January 3, 2021
One says laches, another moot, another standing, sometimes with almost the same type of plaintiff.
That happened this year, and the majority of those challenges were heard on the merits.
Those are cases where laches is clear - particularly the prejudice element.
The theory Trump was advancing was that any deviation from state election law could be litigated in federal courts.
More from Mike Dunford
No, this is not a thing that will change the election. At all.
If this is real - and I do emphasize the if - it is posturing by the elected Republican "leadership" of Texas in an attempt to pander to a base that has degraded from merely deplorable to utterly despicable.
Apparently, it is real. For a given definition of real, anyway. As Steve notes, the Texas Solicitor General - that's the lawyer who is supposed to represent the state in cases like this - has noped out and the AG is counsel of
It looks like we have a new leader in the \u201ccraziest lawsuit filed to purportedly challenge the election\u201d category:
— Steve Vladeck (@steve_vladeck) December 8, 2020
The State of Texas is suing Pennsylvania, Georgia, Michigan, and Wisconsin *directly* in #SCOTUS.
(Spoiler alert: The Court is *never* going to hear this one.) pic.twitter.com/2L4GmdCB6I
Although - again - I'm curious as to the source. I'm seeing no press release on the Texas AG's site; I'm wondering if this might not be a document released by whoever the "special counsel" to the AG is - strange situation.
Doesn't matter. The Supreme Court is Supremely Unlikely to take this case - their jurisdiction is exclusive, but it's also discretionary.
Meaning, for nonlawyers:
SCOTUS is the only place where one state can sue another, but SCOTUS can and often does decline to take the case.
1: The Notice of Appeal doesn't shock me; I figured Louie would be this dumb.
2: As was the case with the case at the District Court, it doesn't really matter how vigorously Pence defends this.
And the appeal has been noticed. pic.twitter.com/o4g4ES1wrU
— Kyle Cheney (@kyledcheney) January 2, 2021
3: The lack of standing is so spectacularly, glaringly obvious that it doesn't really matter whether Pence raised certain arguments; they will get noticed by the court.
4: That's because federal courts have an independent duty to ensure they have jurisdiction.
5: Standing is a jurisdictional requirement; no standing means no case.
6: The rules for standing are clear and nothing in the opinion dismissing the case was the least bit controversial in any universe except the alternate one inhabited by Louie and the Arizonan cosplayers.
7: "But it's the 5th Circuit" will be raised both by Trumpistians and those who are exceptionally nervous. There is exactly as much reason to be concerned about the 5th as there was the trial court: ie none at all.
So - my expectations:
Given the timeline, I suspect that Louie will be granted an expedited appeal and will lose on an expedited basis. I also expect that he will appeal to SCOTUS and the appeal there will not be expedited.
This is a bit surprising, given that as of last time I checked nobody had been served and no appearance had been entered. I suspect it's an effort to make sure the case isn't "pending" on the 6th.
Link: https://t.co/oOJZD1F4x2
— Brad Heath (@bradheath) January 4, 2021
And, sure enough, still no proof of service on ANY defendant, still no appearance from defense counsel. And this is denying the motion for preliminary injunction but does NOT dismiss the case - which is potentially ominous for plaintiff's counsel.
This isn't a "happy judge" kind of first paragraph. Not even a little bit. Nope.
Y'all, this isn't even directed within a few hundred miles of my direction and I sill just instinctively checked to make sure that there's room for me to hide under my desk if I have to - this is a very not happy, very federal, very judge tone.
Also - the judge just outright said there's a bunch of reasons for dismissal. And not in "might be" terms. In definite fact ones. But the case isn't dismissed yet.
If I was plaintiffs counsel, I'd definitely be clearing under my desk right now, and possibly also my underwear.
More from Government
Canada: Falling Far Short On Climate Policy, Emissions Reduction and Energy Transition #cdnpoli #bcpoli #alpolitics #onpoli @JimHarris @MikeHudema @SethDKlein @ElizabethMay @CitizensLobbyCa @lulex @kainagata https://t.co/jhm1TXvAKN pic.twitter.com/yEPINC5PTr
— Below2\xb0C (@Below2C_) December 29, 2020
Covid recovery money is going to the oligarchy.
Ottawa and the provinces have put very little on the table to help clean-tech companies directly during Covid 19 while targeting fossil-fuel producers with more than $16 billion in aid.
Coast to coast people have demanded treaties be honored. We demanded climate action, divestment and land back but Canada is not listening. This video shows 10 years of rallies in Waterloo Ontario. City & regional council declared a climate emergency. 🚨
The Bank of China (BOC), SNC-Lavalin and WE Charity were recipients of taxpayer-funded the Covid 19 Canadian Emergency Wage Subsidy (CEWS)
1.) HMX-1, which flies the VH-3D and VH-60N 'White Top' helicopters used to move... 1/X
Very noisy helicopters flying around Vice President\u2019s residence \u2014 what is going on? pic.twitter.com/XPs1A3px7m
— Michael Beschloss (@BeschlossDC) January 11, 2021
the President and VP around, those helos being called Marine One or Two when either is onboard, need to train. The urban landing zones, including WH and VP Residence, are not simple to get in and out of. So, crews need some currency training. They are not just tasked with... 2/X
moving POTUS and VP to get them around the region and to Andrews AFB for long-haul flights, they are essential to Continuity of Government operations. This means that if a threat were to emerge, they need to be ready to snatch POTUS and VP in minutes. This is partially... 3/X
why they have a full forward operating location at Naval Support Activity Anacostia, just 3 miles from the WH. As such, practice is important and considering the state of things, it is critical now more than in any recent memory. 4/X
2.) Considering what happened last week, including mobs of Trump supporters screaming in unison to hang the VP for doing what the constitution states, absolutely despicable in every way, security has been tightened just as it has been all over. Using the helicopters instead.. 5/X
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