Injunction Junction: Election Litigation Update

LIBERTY NATION

The post-election court battle heats up in the battleground states.

By: Scott D. Cosenza, Esq.  

On Wisconsin!

President Donald J. Trump has appealed his Wisconsin recount losses in Milwaukee and Dane Counties to the Wisconsin Supreme Court. His filing on Thursday, December 3, included the posting of $100,000 in surety bonds required by state law.  In a letter to Chief Justice Patience D. Roggensack, Trump’s lawyer asked for a “scheduling conference” to be held by Saturday, December 5. It states the plaintiffs will be ready to present their evidence and legal arguments on Monday, December 7.

 

Representative Mike Kelly

Mike Kelly

SCOTUS Action:

Pennsylvania Republican Mike Kelly filed a new request at the United States Supreme Court on Thursday. Sen. Kelly’s emergency application for an injunction was filed with Justice Samuel Alito, who handles emergency quests from Pennsylvania. Alito received a different emergency petition Mr. Kelly filed on Tuesday. Justices in charge of overseeing emergency petitions may grant them, deny them, or refer them to the full court for consideration.

Kelly’s petition came after the Pennsylvania Supreme Court issued its second unanimous ruling against him in five days, denying his request to stay its Saturday order that dismissed his lawsuit. The court denied the application without comment, declining to suspend its refusal to invalidate more than 2.5 million mail-in ballots and stop the state’s certification of the November 3 election results. The new petition before the U.S. Supreme Court chiefly concerns the “tabulation of absentee votes that did not comply with the Pennsylvania Constitution.” This refers to ballots allowed only due to a Pennsylvania Supreme Court last-minute re-write of election law in the Commonwealth before November 3.

In Republican Party of PA v. Boockvar, the first case to reach the Supreme Court over the election, it looks like all the briefs have been submitted. We could see a ruling from the court or further action without a ruling, such as scheduling a full oral argument in the case.

CONTINUE

December 4, 2020 | Comments »

Leave a Reply