Full Court Denies DOJ Petition In California Election Case In About 7 Hours, No Reply Needed

Justice Kagan likely orchestrated the shadow execution before the petition was even filed.

I think we have seen a new record for speed on the emergency docket. Today, shortly before noon, the Solicitor General filed an emergency application in the California election law case. The brief was about 20 pages long. Circuit Justice never even bothered calling for a response. Shortly before 7:00, the petition was referred to the full Court, and was denied.

Rick Hasen calls it a mercy killing. I think shadow execution is more appropriate.

Indeed, this ruling was likely orchestrated by Circuit Justice Kagan before the petition was even filed. The government's case was dead on arrival. And Kagan spared California the fate that befell Missouri, which had to file a pointless brief that no one would read.

 

Comments

[santamonica811]

Yup. It was so entirely without merit that it couldn't even attract Thomas or Alito. Dead on Arrival. Josh was correct in that there was absolutely no need for a response. All 9 Justices knew the case was coming, they had obviously communicated with each other in advance, and wanted to definitely deal with the bullshit before actual Election Day.

When I do trials in Children's Court; the judge will often look at the other lawyer after one side has presented, and with an arched eyebrow, say, "Counsel, any evidence or witnesses? No? Any additional argument?" That's our clue for, "I've given Side X a full chance to present evidence, and it's not even close. You can waste the court's time by presenting your side. But maybe save us all a lot of time, 'kay?"

It takes about a month to learn a new judge's body language and facial expression, to know when she/he is trying to communicate this. But we learn quickly to shut up and take the win. (It's a little frustrating when you've spent [wasted?] 10 hours prepping witnesses, but that's the nature of the game.)

[Katall]

A shadow execution? What does that mean? Is Josh happy with it? Did Josh expect this?

Maybe he thinks it similar to when the court denies a stay of execution in a criminal case?

[y81]

I don't understand Josh's constant complaints about speedy S.C. actions (although of course he also complains about slow action when it disadvantages the God-King). Reading a 20-page brief takes about 20 minutes. (Maybe a little longer for GMU grads, but not that much.) And if the case is obvious drivel (the usual product of the Trump Justice Department), there's no need to ask the other side for a response: just say no.

[Orbital Mechanic]

What about the other record that was set? That would be the one where you count up the number of frivolous lawsuits that the US DOJ files.