What are the chances? Anyone know?
Pretty much asking if they can continue their plan to suppress the black vote in order to try to win the upcoming election.
I’m no legal scholar, but it seems to me the abiding legal principle is: No Scalia, no dice.
it kinda depends, I think, if Roberts is responsible for that District Court then he could issue the stay himself but if he does then I think it has to go to the full court for a hearing…
it would take 4 votes to bring it to the full Court…
if Roberts thinks that bringing it to the full Court might result in a 4-4 decision it means the lower Court decision would apply… and if so… why bother to issue the stay unless he thinks it the hearing could be delayed until after the election…
I could be mixing some things up but I think that’s how it might go…
It depends on if this is something Roberts can put a hold on himself or if it requires other justices. If he can do it himself he will, based on the idea that rules shouldn’t change so close to an election. I think that’s BS, especially when it disenfranchises voters, but it is a reasonable argument to make because of how it could impact running an election. If Roberts can’t do it himself, then he will require three other votes…Alito and Thomas will be there, but I don’t know what Kennedy’s history is on these topics.
Note they are just trying to halt the decision for now, because they will lose if they do the whole appeal. This is strategic on their part, the court will, at best, split on this, which means they lose, so they can’t ask for a full appeal before the election.
Cooper is now polling above 50% McCrory is down around 44%. Of course the odious shitweasel is desperate to preserve the provisions most narrowly targeted at suppressing the African American turnout.
I keep expecting to see a flood of Koch money that isn’t getting spent on Trump pouring in to bail him out, but so far, it’s failed to materialized. There seems to be a mysterious flood of oligarch money buying expensive Olympic ad time to try to link hard right Teahadist legislators to very un-Tea Party things like the parsimonious teacher raises they hastily voted out after five years of gutting public education like a trout, but, so far, no cavalry has ridden in to save the rancid shitweasel. And it’s odd because this is precisely the time of year when they usually begin doing their work.
And, increasingly, it’s looking like the information coming out of the Southern Environmental Law Center’s lawsuit over coal ash pond contamination of wells and the shitweasel’s efforts to lie to people about it might be leading the Kochs to write him off as a bad investment.
A quick Google search tells me that Roberts handles appeals from the Fourth Circuit. This could go either way.
Accompanying the Emergency Application was a handwritten note:
Dear John,
I’m sure you are well aware that in this post-racial society your fellow Republicans can no longer win elections on their own merits, which necessitates the rigging of elections by any and all means. Furthermore, I suspect that you are aware that Nino is still dead as a boot and, thus, is no longer available to come to our rescue.
That’s why I beseech you to come to the aid of your brethren. Please, John, help stave off the ongoing societal evolution that is threatening to make old, white “gentlemen of the club” like us increasingly irrelevant.
Thank you in advance for your support,
Paul
P.S. We still on for golf and lunch Wednesday?
Begging for mercy they are.
Fuck 'em.
My recollection is that the Justice assigned to the Circuit (Roberts for the Fourth) can only temporarily stay pending consideration of the stay petition by the whole court to prevent a change in the status quo pending that consideration. The Court, of course, will only stay to prevent a change in the status quo while it decides whether to grant cert. And I really find myself doubting whether Kennedy is going to agree to do that.
Of course, I haven’t had occasion to read the Supreme Court’s rules in a more than a decade now.
That’s not a very compelling argument. The provisions NC enacted would never have been allowed under the Civil Rights Act until Roberts and his conservative cronies gutted it a few years ago, so the only reason a court of appeals never reversed a discriminatory fact-finding is because it rarely, if ever, came up before under the new post-gutting regime.
Kennedy was one of the five that voted to gut the Civil Rights Act in the first place. I wouldn’t put too much faith in him.
North Carolina has not filed an appeal yet to SCOTUS. There is no reason to presuppose that some or all of the appeals court ruling will be overturned.
The correct way to avoid confusion at the polls is to not allow any changes to the voting until the case is fully adjudicated.
The Tarheel GOP is on a slippery slope into the electoral abyss.
And Donnie is the Vaseline.
After Labor Day. They wait till vacations are all over, and people settle down and start focusing again.
Look, it’s
obvious to all but the close-minded that a big chunk of Trump’s base is
racist. He can’t move beyond this base for obvious reasons.
This is where a 4-4 split works to the advantage of those of us who are on the correct side. If Roberts accepts, there will be a 4-4 split at best. That would only mean that the 4th circuit decision stands. The full 4th is not going to side with NC. Roberts knows the lay of the land. Roberts would only accept the case if he thought the desired outcome could be reached. It can’t. Had Fat Tony not graced us with a dirt nap, all bets would be off.
But, can it happen before the election? I have yet to see the answer to the question can Roberts issue the stay on his own. TPM, can you clarify?
I have yet to see an answer to that question, is Roberts able to act unilaterally?