Election Litigation Update - Gohmert.
Reply brief is in. Let's have a look. They are, mercifully, underlength. They had 50 pages available, the PDF is 43 and some of that is cover page, signatures,
Shall we dig deeper, Cotton?
This is a mistake that I've encountered in student work. Do not simply say that "commentators argue" something. You need to make those arguments yourself. You can - and must - cite the commentators you are relying on, but you must argue.
Oh, and also this is the first time we've seen this citation but they don't provide the full cite. Well done.
So they're continuing to wreak havoc on their own arguments here.
And the cited case doesn't come within a parsec of supporting that claim.
Inflate your shoes; you'll fall on your face less.
Seriously.
2: It's not the first election where the statute *could* affect the outcome. Just ask Al Gore.
2: To the extent you have claims, they did not arise on Dec 14; they arose earlier.
3: To the extent they arose on Dec 14, you wasted more than half the time before Jan 6th.
2: The document they're calling an "amicus" is coming from someone who has moved to intervene.
That said, I'm not convinced the real Arizona electors are necessary parties.
No. "The need to contest this election" does not create standing even if you really believe the election should be contested. At all.
And never mind all the state courts that ruled that the elections were legal.
Don't repeat your initial argument in your reply. You have to, well, *reply* in your reply.
Fucking clownshoes.
1: You have no merit, relative or otherwise.
2: You do not want to be treated fairly, because fair treatment would involve a boot.
3: Discussing zone of interests but not injury-in-fact is an interesting choice.
Injury in fact is mandatory. If you don't have an injury in fact, nobody cares about zone of interest. The clown car crew forgot to talk about injury in fact.
The parliamentarians are advisory, they have no power. They would be a new level in wrong defendant naming.
These LITERAL Clowns: "Judge, if Pence is the wrong party, we want to sue the parliamentarians or the United States instead."
Dafuq??
I'll be interested to see what grounds are selected for the dismissal, particularly given the timeline.
More from Mike Dunford
I've been trying to think that through - not just legally, but judicially.
The more thinking I do the less serious - and more ludicrous - the entire thing looks. And the more obvious it becomes that this is the proposal of deeply unwell individuals who are not thinking clearly.
On the legal side, I read through the list of emergency powers - the whole list - that was assembled by the Brennan Center. Nothing on that list fits. Nothing comes even
It seems extraordinarily unlikely that any executive order along the lines of what has been discussed would be legal. In this case, it can be taken as a given that one or more targeted jurisdictions would dash right off to the courthouse.
Standing would not, it should go without saying, be likely to be an issue. I doubt redressability would either. I think it's very likely that restraining orders and injunctions would be swiftly issued.
That's the legal side, to the extent it's possible to speculate on that at all at this point. Basically, there's no readily apparent legal basis for such a thing, so it probably wouldn't be legal.
That's the easy part. Now for the nuttier side - the logistics.
The more thinking I do the less serious - and more ludicrous - the entire thing looks. And the more obvious it becomes that this is the proposal of deeply unwell individuals who are not thinking clearly.
Can you game out where it would go it theoretically Trump did enact some EO demanding the impounding of voting machines? As that\u2019s clearly the game. Like he signs it, then what? Do marshals listen or refuse? Do states sue and get an emergency injunction and that\u2019s the end?
— Bryan Duva (@duva60) December 21, 2020
On the legal side, I read through the list of emergency powers - the whole list - that was assembled by the Brennan Center. Nothing on that list fits. Nothing comes even
It seems extraordinarily unlikely that any executive order along the lines of what has been discussed would be legal. In this case, it can be taken as a given that one or more targeted jurisdictions would dash right off to the courthouse.
Standing would not, it should go without saying, be likely to be an issue. I doubt redressability would either. I think it's very likely that restraining orders and injunctions would be swiftly issued.
That's the legal side, to the extent it's possible to speculate on that at all at this point. Basically, there's no readily apparent legal basis for such a thing, so it probably wouldn't be legal.
That's the easy part. Now for the nuttier side - the logistics.
Yes, I have seen the thing about Texas suing other states over the election. Yes, the US Supreme Court has original and exclusive jurisdiction over cases between states.
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
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.
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.
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So I went to her campaign website and took that web address and looked through the internet archive. When I went back to 2017, it was not her website, it belonged to the group "Brand New Congress."
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Here's what the web address https://t.co/Uhz2q4Dpll looks like now:
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Here's what the same web address looked like in late 2017:
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What's “Brand New Congress?” BNC is a group of Bernie Sanders staffers who got together, decided to make the 2018 midterms all about Bernie policies by taking his ideas & finding 400 Bernie carbon copies to dump into Congressional & other races, creating a 400 headed Bernie.
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1/
So I went to her campaign website and took that web address and looked through the internet archive. When I went back to 2017, it was not her website, it belonged to the group "Brand New Congress."
2/
Here's what the web address https://t.co/Uhz2q4Dpll looks like now:
3/
Here's what the same web address looked like in late 2017:
4/
What's “Brand New Congress?” BNC is a group of Bernie Sanders staffers who got together, decided to make the 2018 midterms all about Bernie policies by taking his ideas & finding 400 Bernie carbon copies to dump into Congressional & other races, creating a 400 headed Bernie.
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