Reply #59: There are two actions here

[keithjx]

seeking two different remedies.

I agree with righteous1 that the motion for the TRO and preliminary injunction is probably rendered moot b/c the s.ct failed to act on it (this IS a departure from my previous position, but upon further research, and in light of this post, I think I was wrong).

BUT this doesn't render pointless the petition contesting the election. While it would have been nice (and garnered an assload of public attention) if the ct HAD granted the TRO, Jan 6 is still the big day. Under the statutory authority for election contests (Ohio Revised Code 3515.08 et seq.) BushCo only has 15 days from the date of service (which, upon looking at the petition, date of service was Dec 13, 2004) plus 3 days for service by mail (probably) means 18 day, or New Year's Eve, Dec 31, to respond to the petition.

So relax a little - all is NOT lost. Not having the injunction sucks from a PR point-of-view, but it was a long shot to begin with (esp. filing it the MORNING OF the meeting).
Keithjx