“Had Roberts joined Alito, Scalia, and Thomas, this would have been heard before the election, when Donofrio’s case made it up to conference.”
Donofrio’s case was for a Stay of the election. They didn’t dismiss the issue behind the request. It was a long shot and Leo knew it. They refused to hear a stay of the election.
“It also took Donofrio to bring the Hawaiian authorities to heel. They have been illegally stonewalling requests for information; information they are required to make public ... to anyone .... under Hawaiian Law. Hawaiian statutes are quite clear ... Obama has no right to privacy in the issue, He waived it with the COLB release.”
This one I agree with completely. I have my own Requests in to DoH and its one hard to duck. They have until Nov. 4 to respond. So far, silence, though they have responded to earlier requests.
If they ignore this request, then they are going to have some issues with the Judiciary in Hawaii, because that is comin down the pike.
You are correct. However, Donofrio's case was actually "shuffled" by the Clerk of the SCOTUS. This would have been the perfect time to hear the case. This is exactly where the eligibility trolley came off the tracks.
Do we live in "interesting times," as the old Chinese Curse went, or what?