WTH is taking SCOTUS so long

[Proud liberal 80]

It seems like they were able dismiss the Pennsylvania case faster than this one

[DeminPennswoods]

1. It took over a week for SCOTUS ruling in

the PA case.

[onenote]

5. A little less than a week: filed Dec. 3, denied Dec.8.

Last edited Fri Dec 11, 2020, 03:47 PM - Edit history (1)

https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/20a98.html

[Proud liberal 80]

6. I am talking about from the time the defendants responded

[onenote]

19. True. It was disposed of the same day the opposition was filed.

[themaguffin]

2. I'm thinking that, in this case, they are going to craft a response. I hope that it's to

definitively swat this down with language that shits on them like the PA judge did a few weeks back.

They need to be put in their place.

[Laelth]

3. They have a lot of briefs to read and digest.

Even if they don’t actually read them, they have to give the appearance that they did.

-Laelth

[PoliticAverse]

4. Have you seen the number of filings in ths case? n/t

[The Velveteen Ocelot]

7. They have thousands of pages of bullshit to wade through.

That takes awhile.

[fearnobush]

8. The fascists party needs more time to collect their scam millions

[RainCaster]

9. SCOTUS just retweeted...

Link to tweet

Text: "Busy times at #SCOTUS, which says it may announce opinions on Monday, Dec. 14, at 10 am."

[riversedge]

11. so, nothing from SCOTUS for almost another 3 days. whow.

[PoliticAverse]

12. No, that's not what that means. n/t

[Princess Turandot]

14. Actually, in another tweet SCOTUSblog says that the note most likely refers to cases argued this..

..term. It doesn't necessarily refer to the election motion.

Link to tweet

[StarfishSaver]

16. This is likely for cases on which they've taken arguments. I don't think it necessarily applies here

[Cha]

27. Wow.. TY for that. & What time will

the Electors certify on the 14th of December?

[C_U_L8R]

10. For maximum drama, they'll release right before the EC vote

I hope they're better than that.

[Hoyt]

13. They are still rolling on the floor laughing at the BS.

[ProfessorGAC]

29. That's Probably It!

Some of them are pretty old.
After rolling on the floor, and with the convulsive laughter, it would take some time to get up.

[StarfishSaver]

15. They had the Pennsylvania case for weeks before they bounced it

This is a complicated case with numerous pleadings. They are actually moving at lightning speed, especially considering they're still managing a full docket.

[onenote]

18. Kelly's Supreme Court case was filed on December 3 and killed on December 8.

https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/20a98.html

The Court acted the same day the opposition to Kelly's case was filed.

[StarfishSaver]

20. Different case than I was referring to

The case I was referencing from Pennsylvania first went up to them in October and they eventually dispensed with it several weeks later.

The case you're referring to was a request for an emergency injunction. Those are disposed of very quickly. This is a completely different type of case.

[onenote]

22. I think you're referring to this case

https://www.supremecourt.gov/docket/docketfiles/html/public/20-542.html

That case also was, initially, a request for emergency action, submitted to Alito on September 28. After the response was filed on October 5 and the reply a day later, Alito sat on it until October 19, when he referred it to the entire Court, which denied the request for emergency relief that same day (5-4).

The appellants then filed their Petition for Certiorari on October 23. Requests to expedite the matter were denied and it wasn't until November 30 that the respondents filed an opposition to the petition.

No action has been taken on the petition as yet.


All of which just goes to show that folks here (not you) shouldn't be predicting how quickly the Court will act in one case based on the speed with which the Court did or didn't act in another case.

[cbdo2007]

17. They want to do it on Monday so there isn't time for them to appeal before the voting

[StarfishSaver]

21. Who would they appeal to?

Supreme Court is a court of last resort.

[onenote]

23. +1

[cbdo2007]

26. That didn't stop Trump from appealing his taxes again.

All they have to do is make a small change, add in another state or something and try to get them to look at it again.

[StarfishSaver]

32. That's not an appeal of the Supreme Court's decision

In that instance, he appealed a lower court decision to the Supreme Court. The Court ruled by against him and sent the case back to the district court. When the lower court made a ruling on a different issue, Trump appealed that ruling up to the Supreme Court.

Here, the Supreme Court has original jurisdiction - they're like the district court in those other cases. Once they rule, there's no appeal because there's no higher court to appeal to. If they dismiss the case, that case is over and the plaintiffs can take no further action in that case. They can file a new case, but the court would just dismiss it.

[LeftInTX]

33. The only good thing about a delay is less time for rioting by the MAGATS if the case is turned down

But gosh, this waiting is making me freak'n nervous.

[obamanut2012]

24. It isn't being done Monday

Good lord.

[LeftInTX]

25. They also had an execution yesterday

Sotomayor wrote a 6 page dissent

[USALiberal]

28. How many posts are you asking this again??

[Statistical]

30. Alito and Thomas are mentally challenged. They do this every time.

They and only they believe that SCOTUS must in all situations no matter how stupid or meritless hear original jurisdiction cases (that is complaints between states not heard by a lower court first). The is no historical support for this, no prior justices believe this, none of the other seven do seated justices do either. Still they and only they are convinced that is how it should work.

So in every single original jurisdiction case they slow everything down. The demand to be able to write a dissent that the case should not be declined for review because SCOTUS must hear original jurisdiction cases. It doesn't do anything, it doesn't change anything it is just stupid and delays the results. This isn't a Republican thing or a conservative judge thing this is a special brand of stupid sauce shared between Alito and Thomas.

So that could be the delay. It could (not saying will but could) even delay things until Sat/Sun over nothing. It really is a stupid procedural thing that nobody on the planet cares about but those two

This is likely what is happening right now:
7 justices: consensus is case has no merit and no standing lets decline to review
Alito and Thomas: no you must accept the case and then dismiss
7 justices: we aren't doing that like the other 20 times you pulled this stunt
Roberts: calling the vote. 7-2 decline to review
Alito and Thomas: I want to write a dissent I need 24 hours.

[Volaris]

31. My guess would be that Roberts wants ALL the eggs collected in one neat little basket of crazy,

So that when he runs over it with the judicial equalivant of a steamroller, we will be DONE with this lunacy once and for all.

[StarfishSaver]

34. True

I think they are in the process of drafting and circulating the ultimate smackdown.