While you await my discussion of the McDaniel election contest opinion, I will direct your attention to Anderson’s quotation and discussion of the Tea Party response. The response contains the sentence quoted in the title of this post. While I cannot explain its meaning, I make some notes about the recurrence of warnings about […]
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. […]
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 The brief argues that it is not the law because the statute it construed has been repealed, because the reenactment of the statute materially changed it, and because, contrary […]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 brief was filed today. I’m reading through it, but it’s slow going. First, I’m not sure whether it’s incredibly boring, or I’ve become bored with this dispute. Second, it is incredibly redundant, says the same thing over and over, and continually repeats itself.
I’m reading through it and will probably post more when […]
… or at least, it will be argued quickly. Presumably, a decision will appear shortly thereafter.
Today, the Mississippi Supreme Court entered an order setting the schedule for the appeal:
Record due September 12th. McDaniel brief will be filed by Friday, September 18th. Cochran brief will be filed by Thursday, September 24th. Any reply […]
This is one of those dog bites man / man bites dog things. The headline would be “McDanial campaign makes a rational announcement.” Nope.
Last week, the trial judge announced that McDaniel’s election challenge was dismissed. Any lawyer involved could have advised McDaniel where he was in minutes. Supporters commented on this blog that […]