Election Litigation Update: DC - the "let's sue the Electoral College" case.
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
If I was plaintiffs counsel, I'd definitely be clearing under my desk right now, and possibly also my underwear.
Judge calling out the length of your filing by both page count and number of footnotes is very much the same energy as your mother using your full name, middle name included, at you. At volume.
Honestly, I don't know. They can, of course, run to the DC Circuit right now if they want - denial of injunctive relief is immediately appealable.
But that would be EXCEPTIONALLY stupid.
More from Mike Dunford
I went over the dismissal on my stream, but a few thoughts on where things are at:
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.
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.
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.
More from Politics
This is partly what makes it impossible to have a constructive conversation nowadays. The stubborn refusal to accept that opposition to Trumpism and GOP nationalism is about more than simply holding different beliefs about things in and of itself. 👇
It's fine for people to hold different beliefs. But that doesn't mean all beliefs deserve equal treatment or tolerance and it doesn't mean intolerance of some beliefs makes a person intolerant of every belief which they don't share.
So if I said I don't think Trumpism deserves to be tolerated because it's just a fresh 21st century coat of cheap paint on a failed, dangerous 20th century ideology (fascism) that doesn't mean I'm intolerant of all beliefs with which I disagree. You'd think this would be obvious.
Another important facet. People who support fascist movements tend to give what they think are valid reasons for supporting them. That doesn't mean anyone is obliged to tolerate fascism or accept their proffered excuse.
Say you joined a neighborhood group that sets up community gardens and does roadside beautification projects. All good, right? Say one day you're having a meeting and you notice the President and exec board of this group are saying some bizarre things about certain neighbors.
No, but you can\u2019t keep labeling half of the country Nazis just because their beliefs are different than yours. Trump has fucked this whole country up in a matter of a few years. No one can even have a constructive conversation without someone getting triggered
— Joshua Savoy (@JoshuaSavoy2) February 11, 2021
It's fine for people to hold different beliefs. But that doesn't mean all beliefs deserve equal treatment or tolerance and it doesn't mean intolerance of some beliefs makes a person intolerant of every belief which they don't share.
So if I said I don't think Trumpism deserves to be tolerated because it's just a fresh 21st century coat of cheap paint on a failed, dangerous 20th century ideology (fascism) that doesn't mean I'm intolerant of all beliefs with which I disagree. You'd think this would be obvious.
Another important facet. People who support fascist movements tend to give what they think are valid reasons for supporting them. That doesn't mean anyone is obliged to tolerate fascism or accept their proffered excuse.
Just because some of the politicians act that way doesn\u2019t mean the whole party are Nazis. Some Republicans just vote that way because of abortion. You can\u2019t keep calling all of them Nazis and expect them to just start listening to your points.
— Joshua Savoy (@JoshuaSavoy2) February 11, 2021
Say you joined a neighborhood group that sets up community gardens and does roadside beautification projects. All good, right? Say one day you're having a meeting and you notice the President and exec board of this group are saying some bizarre things about certain neighbors.
