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Offline mystery-ak

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Pennsylvania – Don’t Assume Alito Giving Until 12/9 To Respond To Emergency Application Means He’s L
« on: December 05, 2020, 03:15:17 pm »
Pennsylvania – Don’t Assume Alito Giving Until 12/9 To Respond To Emergency Application Means He’s Letting It Die On the Vine

Posted by William A. Jacobson      Friday, December 4, 2020 at 5:15pm

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.

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.

more
https://legalinsurrection.com/2020/12/pennsylvania-dont-assume-alito-giving-until-12-9-to-respond-to-emergency-application-means-hes-letting-it-die-on-the-vine/
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Offline Cyber Liberty

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Re: Pennsylvania – Don’t Assume Alito Giving Until 12/9 To Respond To Emergency Application Means He
« Reply #1 on: December 05, 2020, 03:50:41 pm »
Surrrrrrrrre.   *****rollingeyes*****
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Offline rustynail

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Re: Pennsylvania – Don’t Assume Alito Giving Until 12/9 To Respond To Emergency Application Means He
« Reply #2 on: December 05, 2020, 04:12:48 pm »
Some day....
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Offline Cyber Liberty

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Re: Pennsylvania – Don’t Assume Alito Giving Until 12/9 To Respond To Emergency Application Means He
« Reply #3 on: December 05, 2020, 04:31:10 pm »
Quote from: rustynail on December 05, 2020, 04:12:48 pm
Some day....

...free beer will be served.
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For unvaccinated, we are looking at a winter of severe illness and death — if you’re unvaccinated — for themselves, their families, and the hospitals they’ll soon overwhelm. Sloe Joe Biteme 12/16
I will NOT comply.
 
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Offline Right_in_Virginia

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Re: Pennsylvania – Don’t Assume Alito Giving Until 12/9 To Respond To Emergency Application Means He
« Reply #4 on: December 05, 2020, 07:52:42 pm »
FTA

Quote
In my mind-reading exercise, Alito giving the respondents’ enough time to fully prepare opposition likely means he and some other Justices take the matter seriously, and plan to rule on the merits once the opposition is submitted, rather than limiting their ruling to emergency injunctive relief. They could treat the Emergency Application as a Petition for Certiorari, accept it, and rule substantively. The few days gives the Justice enough time to prepare their respective opinions — it’s not like they really need briefs from the respondents to know the counter-arguments.

What that ultimate merits ruling would be remains to be seen. In my prior post, I was very pessimistic that SCOTUS would take the case or rule in a way that would change the state result. That’s not to say that what the PA Supreme Court did was right — it wasn’t and that PA Court has acted more like a litigant throughout this process. Mark Levin’s Landmark Legal Foundation has filed an Amicus Brief laying out the defects with the PA Supreme Court ruling.
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Offline Right_in_Virginia

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Re: Pennsylvania – Don’t Assume Alito Giving Until 12/9 To Respond To Emergency Application Means He
« Reply #5 on: December 05, 2020, 07:59:52 pm »
I doubt Alito's playing games here.  He's been waiting for PA to show up on his docket.  If he (and others) thought the complaint had no merit, or there was zero evidence of fraud as the liberals keep repeating, he would have outright declined the case.

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Offline Cyber Liberty

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Re: Pennsylvania – Don’t Assume Alito Giving Until 12/9 To Respond To Emergency Application Means He
« Reply #6 on: December 05, 2020, 08:23:15 pm »
Quote from: Right_in_Virginia on December 05, 2020, 07:59:52 pm
I doubt Alito's playing games here.  He's been waiting for PA to show up on his docket.  If he (and others) thought the complaint had no merit, or there was zero evidence of fraud as the liberals keep repeating, he would have outright declined the case.

I hope you are correct.  :crossed:
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For unvaccinated, we are looking at a winter of severe illness and death — if you’re unvaccinated — for themselves, their families, and the hospitals they’ll soon overwhelm. Sloe Joe Biteme 12/16
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Offline Right_in_Virginia

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Re: Pennsylvania – Don’t Assume Alito Giving Until 12/9 To Respond To Emergency Application Means He
« Reply #7 on: December 06, 2020, 08:37:04 pm »
Tammy Bruce
@HeyTammyBruce

Pennsylvania: Alito Moves Up Response Date on Emergency Application To 12/8 "So what is this about? More mind-reading: It takes the “safe harbor” issue off the table if that were an impediment to SCOTUS issuing a substantive ruling."

https://legalinsurrection.com/2020/12/pennsylvania-alito-moves-up-response-date-on-emergency-application-to-12-8/ via
@LegInsurrection


1:25 PM · Dec 6, 2020·Twitter Web App

https://twitter.com/HeyTammyBruce/status/1335651500480229376
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