I read the newspapers with lively interest. It is seldom that they are absolutely, point-blank wrong. That is the popular belief, but those who are in the know can usually discern an embryo truth, a little grit of fact, like the core of a pearl, round which has been deposited the delicate layers of […]
The quote in the title is the full text of 6 U.S.C. § 202(5).
Executive discretion– the most familiar example being prosecutorial discretion– is a bedrock concept of our law. The executive cannot pursue every case, and so they have the authority, often explicitly granted by statute, to select what cases to pursue. It is not […]
More here at TalkingPointsMemo.
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.
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 […]