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.

And, sure enough, still no proof of service on ANY defendant, still no appearance from defense counsel. And this is denying the motion for preliminary injunction but does NOT dismiss the case - which is potentially ominous for plaintiff's counsel.
This isn't a "happy judge" kind of first paragraph. Not even a little bit. Nope.
Y'all, this isn't even directed within a few hundred miles of my direction and I sill just instinctively checked to make sure that there's room for me to hide under my desk if I have to - this is a very not happy, very federal, very judge tone.
Also - the judge just outright said there's a bunch of reasons for dismissal. And not in "might be" terms. In definite fact ones. But the case isn't dismissed yet.

If I was plaintiffs counsel, I'd definitely be clearing under my desk right now, and possibly also my underwear.
Yikes. Ouch.

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.
Oh dear. This is very unhappy judge energy.
Did they think the judge would not notice that they hadn't filed anything?
This is pure boilerplate. I'm a little - but only a little - surprised that there's nothing added to cover the judge's right to deny without the other parties being served or appearing.
I literally just swore out loud when I read this. Brutal.
Right - very much no standing.
I think I mentioned when I took my initial look at this stupidity that I thought there were some personal jurisdiction issued. Looks like I'm not the only one who noticed that.
I will admit that I didn't refer to the whole "post-election certification" thing as "flat-out wrong." I mostly went with "made-up" or various expletives. But flat-out wrong definitely works.
It's a seriously dumb lawsuit with a weapons-grade dumb legal theory, and the judge most definitely noticed.
"Somewhere between a willful misreading of the Constitution and fantasy." True. Harsh, but true.
Ooh. No, nope, no. Not what you want judge to say about you nope.
Yup. Mention of sanctions - and a "I'll decide when this wraps up what to do with you."
So, what are plaintiffs' options?

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.
With nobody served, no injunctive relief can be granted under the federal rules, so it's not like an appeal can accomplish anything. Best they get is an order telling a now-more-pissed off judge to let them serve and try again.
Next option is to voluntarily dismiss. That might be the right option and what the judge wants to happen. Or it might give the judge reason to say "yup, bad faith'' and slam the hammer down. Or both. Or neither.
Or they can plow ahead and attempt service.

Those are the things they can do.

What they probably will do is something so dumb I didn't even think of it.

More from Mike Dunford

OK. The Teams meeting that I unsuccessfully evaded (and which was actually a lot of fun and I'm really genuinely happy I was reminded to attend) is over, so let's take another swing at looking at the latest filings from in re Gondor.


As far as I can tell from the docket, this is the FOURTH attempt in a week to get a TRO; the question the judge will ask if they ever figure out how to get the judge's attention will be "couldn't you have served by now;" and this whole thing is a

The memorandum in support of this one is 9 pages, and should go pretty quick.

But they still haven't figured out widow/orphan issues.

https://t.co/l7EDatDudy


It appears that the opening of this particular filing is going to proceed on the theme of "we are big mad at @SollenbergerRC" which is totally something relevant when you are asking a District Court to temporarily annihilate the US Government on an ex parte basis.


Also, if they didn't want their case to be known as "in re Gondor" they really shouldn't have gone with the (non-literary) "Gondor has no king" quote.

More from Politics

Handy guide for Dominic Raab and other Brexiteers, and for anyone keen to replace our EU trade with trade with the rest of the world on WTO terms...


You can't magic away the vast distances involved. Clue: we fly in only 1/192th of our trade compared to the amount that arrives via sea


But even if you invented a teleporter tomorrow, WTO terms are so bad, so stacked against us, that a no-deal Brexit will be a total economic disaster


And while the Brexiteers fantasise, real jobs are being lost, investments are drying up, companies are moving assets to the EU27 or redomiciling. All already happened and happening right now, not in some mythical


Of course, there are many, many myths that Brexiteers perpetuate that are total fiction. You've seen a couple of them already. The thread below busts a whole lot

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1

From today, we will memorize the names of 27 Nakshatras in Vedic Jyotish to never forget in life.

I will write 4 names. Repeat them in SAME sequence twice in morning, noon, evening. Each day, revise new names + recall all previously learnt names.

Pls RT if you are in.

2

Today's Nakshatras are:-

1. Ashwini - अश्विनी

2. Bharani - भरणी

3. Krittika - कृत्तिका

4. Rohini - रोहिणी

Ashwini - अश्विनी is the FIRST Nakshatra.

Repeat these names TWICE now, tomorrow morning, noon and evening. Like this tweet if you have revised 8 times as told.

3

Today's Nakshatras are:-

5. Mrigashira - मृगशिरा

6. Ardra - आर्द्रा

7. Punarvasu - पुनर्वसु

8. Pushya - पुष्य

First recall previously learnt Nakshatras twice. Then recite these TWICE now, tomorrow morning, noon & evening in SAME order. Like this tweet only after doing so.

4

Today's Nakshatras are:-

9. Ashlesha - अश्लेषा

10. Magha - मघा

11. Purvaphalguni - पूर्वाफाल्गुनी

12. Uttaraphalguni - उत्तराफाल्गुनी

Purva means that comes before (P se Purva, P se pehele), and Uttara comes later.

Read next tweet too.

5

Purva, Uttara prefixes come in other Nakshatras too. Purva= pehele wala. Remember.

First recall previously learnt 8 Nakshatras twice. Then recite those in Tweet #4 TWICE now, tomorrow morning, noon & evening in SAME order. Like this tweet if you have read Tweets #4 & 5, both.