In the oral argument for the McDaniel senate election challenge, Justice Coleman’s questions were all directed to a extraordinarily narrow view of appropriate statutory construction, a view that seemed to go to the point of refusing to make sense out of what the legislature had done and applying a restrictive and extremely literal approach. [...]
It will be broadcast at 10:00 AM by the Court and can be found here.
There are not many surprises. Most of the brief is an argument that Kellum, the case holding there is a 20 day deadline, is not the law. The brief argues that it is not the law because the statute it construed has been repealed, because the reenactment of the statute materially changed it, and because, contrary [...]
Last night, I spent over an hour trying to download the Cochran response, and got nothing. I could download the attachments, quickly, but not the brief. I complained on Twitter, and almost immediately a friend, who could get it on his phone, sent it to me by email.
Apparently, the McDaniel campaign had the [...]
Here is the Cochran brief
I’ve read through it, and my views of how this comes out have not really changed. Nothing new– the essential points are the same: 1) The Kellum case says that the statute, read as a whole, has a 20 day deadline for filing the contest; and 2) The statute has not [...]
The title quote is from a letter from Pascal.
The time deadlines in the McDaniel case are mighty tight. Cochran’s lawyers (new ones keep appearing on the Supreme Court docket with regularity) have less than a week to file their brief, and so when I saw they’d sought additional pages, I thought of the [...]
Well, this might be annoying to the McDaniel legal team. Not only did the court (through an order by Justice King) agree to allow the amicus brief to be filed, which I’m sure pleased the McDaniel folks, the court also granted the amicus request to participate in oral argument.
Which will come out of [...]
The Conservative Action Fund, through Thomas A. McKnight, Jr. of the law firm Wallace, Jordan, Ratliff & Brandt, LLC in Birmingham, has asked to file an amicus brief on behalf of Chris McDaniel in the Mississippi Supreme Court.
The brief states that the CAC’s mission is to protect the right of big donors to give unlimited [...]
Phillip Gunn is Speaker of the House. A key point of contention is the impact of an election contest between he and Jep Barbour that the Mississippi Supreme Court decided in 2004 that centered around the state elections of 2003.
Obviously, Gunn has fully served the term he won in that case, along with another term and [...]