One of the legal-beagle commentators who is worth reading is RedStates' Shipwreckedcrew.
He presents a very interesting theory, fed by opinions of Jacobsen at Legal Insurrection. This is an involved piece loaded with procedural stuff, which you SHOULD READ.
Cut to the chase:
...Professor William Jacobsen who created the Legal Insurrection blog (highly recommended by me) made an interesting comment yesterday in taking a contrarian view on Justice Alito’s Dec. 9 deadline. He noted that Justice Alito and the Court do not need the briefing from state defendants to respond to the request for injunctive relief made by the Plaintiffs in the Kelly case. These kinds of applications are made to the Court by the dozens throughout the year, and nearly all of them are denied because of the very small likelihood of the Court taking the case to which they are attached, and the lower court decision is going to stand.
If Justice Alito was intending to not take any meaningful action here that might impact the election results he could have simply denied the emergency application, noting that it was not a decision on the merits, and the Plaintiffs were free to file a petition for review in the ordinary course — they just would not get the retrospective relief they were seeking as the election would likely be settled before the Court would act on such a petition.
By not doing so, Justice Alito has left open the possibility that the Court could act in some fashion prior to the meeting of the Electoral College.
A second aspect of Prof. Jacobsen’s comment yesterday was to point out the fact that the Court does not need the benefit of enlightenment by the parties’ counsel on the questions presented. The Justices of the Court, their law clerks, and legal staff of the Court are more than capable of analyzing all aspects of the legal issues raised by the Kelly complaint, and the Penn. Supreme Court’s resort to using the doctrine of “laches” to avoid dealing with the complaint on the merits. The Penn. Supreme Court did them a favor by preventing any “record” to be created in the lower state courts which would require review by the Supreme Court. By acting as it did, the Penn. Supreme Court has limited the needed review to the question of the constitutionality of Act 77, and the application of the doctrine of “laches” to dismiss the action....
So? So Alito is giving Pennsylvania the time they need to argue against Kelly, et.al. He wants a fair fight.
And--just for shits and giggles--guess who will write the opinion slamming the PA Supremes and applying remedy against Biden?
You get ONE guess. Long...................John................
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