Pennsylvania – Don’t Assume Alito Giving Until 12/9 To Respond To Emergency Application Means He’s Letting It Die On the Vine – IOTW Report

Pennsylvania – Don’t Assume Alito Giving Until 12/9 To Respond To Emergency Application Means He’s Letting It Die On the Vine

Sunday, 6 December 2020, 16:00 MJA Uncategorized 17

Legal Insurrection- More likely, Alito’s action means he and some other Justices take the matter seriously, and plan to rule on the merits once the opposition is submitted.

William A. Jacobson

On December 1, 2020, we covered an emergency application for injunctive relief sought to halt any further actions by Pennsylvania to certify the election, Pennsylvania: Emergency Injunction Sought From SCOTUS To Halt Any Further Certification Actions.

See that post for background on the case, and my admittedly pessimistic assessment.

Another Emergency Application, substantially similar, was filed yesterday, December 3. That made no sense to me, why would they file twice?

I spoke to an attorney handling the case, and the explanation is that the first filing took place prior to a stay being sought from the Pennsylvania Supreme Court, which issued the decision at issue. Out of concern that the US Supreme Court might deny the stay on the procedural ground that a request had not been made to the state court, the attorneys waited for the PA Supreme Court predictably to deny the stay, and then refiled on December 3.

According to the Supreme Court docket, Justice Alito, who covers the Third Circuit, gave Pennsylvania and the other Respondents until next Wednesday to file responses.

Response to application (20A98) requested by Justice Alito, due Wednesday, December 9, by 4 p.m.

There is a lot of chatter that such a long period of time, under the circumstances, must be a way for Alito to let the application die on the vine, that the application would be “moot” or otherwise pushing it off to make meaningful relief impossible. Certainly, we can’t read Alito’s mind, but if there’s anyone on SCOTUS I don’t worry about playing such games, it’s Alito (and Thomas, too early to tell for Gorsuch, Kavanaugh, or Barrett). more

17 Comments on Pennsylvania – Don’t Assume Alito Giving Until 12/9 To Respond To Emergency Application Means He’s Letting It Die On the Vine

  7. I say there’s a good chance the USSC will just skip out on the overall issue here since it will be decided the matter is under the jurisdiction of the States, the Electoral College, and Congress to decide and not a matter of a law subject to review by them.

    But I could easily be wrong, I’m not a legal scholar, we should know in short order.

  8. Maybe it’s about time for fasting and sackcloth and ashes and praying fervently that this will not come to pass. I could stand to lose some weight anyway especially since the gyms are all closed and walking by myself while not wearing a face mask is highly discouraged. A lot of so called Christians are going to run away as fast as they can as soon as any amount of persecution effects their comfort zones. It has always been thus, it’s hard to be faithful when everything is falling to pieces and only true faith in God will get us thru this mess. My trust is in God and not man no matter how good their intentions may be.

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  9. “Maybe it’s about time for fasting and sackcloth and ashes and praying fervently that this will not come to pass.”

    No matter what comes to pass, it will end up serving God’s purposes.

    You can take comfort in that.

    FWIW, I’ve read the back of the book and I know who wins.

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  16. MJA
    DECEMBER 6, 2020 AT 7:05 PM
    “Update: Rudy Giuliani Hospitalized After Covid Diagnosis – But ‘Doing Fine’”

    ..probably has NOTHING but some liberal “doctor” Quisling trying to sideline a key Trump player for a critical two weeks.

    …FakeFlu, the gift that keeps on giving…TO TYRANTS…

    5

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