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Supremes tell Harrison County & AG to Respond to McDaniel (ORDER IN FAVOR OF MCDANIEL!!!)
http://www.freerepublic.com ^ | July 15,2014 | Unknown

Posted on 07/15/2014 3:03:06 PM PDT by Hostage

The Mississippi Supreme Court ordered the Harrison County Circuit Clerk and Attorney General to respond to Chris McDaniel's petition for a writ of mandamus filed yesterday.

See the link at:

http://kingfish1935.blogspot.com/2014/07/supremes-tell-harrison-county-ag-to.html


TOPICS: Politics
KEYWORDS: cochran; mcdaniel; mississippirunoff
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To: tennmountainman

I made reference to a battle being won by the GOPc. You speak of the war that is another matter altogether


21 posted on 07/15/2014 3:22:28 PM PDT by bert ((K.E. N.P. NEgypt.C. GOPc.+12 ..... Obama is public enemy #1)
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To: Labyrinthos

No I am not reading anything into it. This judge could have denied the write of mandamus. But he ordered the Harris County and the MS AG to respond and he also asked McDaniel to supplement to clarify terms.

That’s a win no matter how you look at it.


22 posted on 07/15/2014 3:22:29 PM PDT by Hostage (ARTICLE V)
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To: tennmountainman

He wrote GOPc not GOPe. I am guessing he meant GOP conservatives.


23 posted on 07/15/2014 3:23:15 PM PDT by Hostage (ARTICLE V)
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To: Hostage

BTTT


24 posted on 07/15/2014 3:27:26 PM PDT by jazusamo (Sometimes I think that this is an era when sanity has become controversial: Thomas Sowell)
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To: jazusamo

mo’ bttt


25 posted on 07/15/2014 3:32:41 PM PDT by txhurl (2014: Stunned Voters do Stunning Things!)
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To: Hostage
This is a win for McDaniel!!!

Speaking as a lawyer (albeit not a Mississippi lawyer), I don't see it that way. The Order sets a time for the defendants to respond to McDaniel's papers-- it was inevitable the Court would want a response-- and it asks McDaniel to supplement his papers to explain what laws authorize what he's asking for (which suggests that his opening papers didn't satisfy the Court).

26 posted on 07/15/2014 3:39:43 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: bert

Not used to seeing GOPc, not GOPe.


27 posted on 07/15/2014 3:43:30 PM PDT by tennmountainman (True conservatives don't like being rained on by their own party!)
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To: Hostage
No I am not reading anything into it. This judge could have denied the write of mandamus. But he ordered the Harris County and the MS AG to respond and he also asked McDaniel to supplement to clarify terms. That’s a win no matter how you look at it.

Not a win and not a loss. It's a cautious Court (BTW, it's a panel, not a single judge) making sure they have a full record before deciding a high-profile case.

28 posted on 07/15/2014 3:44:36 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Lurking Libertarian

You obviously didn’t read it and I question your legal credientials.

It is not inevitable that the Supreme Court would order a response. They could have simply denied it.

The order for supplement asked for him to clarify terms as to “Ballot Box” and “contents”.

The supplement did not ask for laws for what he is asking for but for all the of laws that apply to protection of privacy of voters.

Both of these orders for supplement are easy to provide and do not signify in the least that the judge is not satisfied. In fact it helps set the stage for the judge to rule tomorrow that Harris County will provide complete access to the McDaniel campaign to review the results of the election as is his clear right to do.

The order for laws pertaining to privacy are to ready McDaniel’s attorney in oral rebuttal of the Harris County and the MS AG.

This is a win for McDaniel. No other way to spin it.


29 posted on 07/15/2014 3:47:12 PM PDT by Hostage (ARTICLE V)
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To: Hostage
You obviously didn’t read it and I question your legal credientials.

LOL.

What are your legal "credientials"?

30 posted on 07/15/2014 3:51:55 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Lurking Libertarian

For sure a lot more than yours.

You tipped yourself off when you called yourself a lawyer and said it was “inevitable” that the court would order a response. Any lawyer knows a Supreme Court does not need to hear a case. They can simply let stand a lower court decision.

Ergo, you are no lawyer.


31 posted on 07/15/2014 4:00:59 PM PDT by Hostage (ARTICLE V)
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To: Hostage
Any lawyer knows a Supreme Court does not need to hear a case. They can simply let stand a lower court decision.

This is not a discretionary appeal of a lower court's decision, which a Supreme Court can either accept or reject. If you look at the caption, this is not an appeal of a lower court's order; it is an original writ petition. The Court has no discretion to not hear it; it could have either denied it -- which would be a denial on the merits, unlike a refusal to take the case, granted it without asking for a response, or asked for a response. Given the high profile of this case, it was "inevitable" that the Court would take the third option.

32 posted on 07/15/2014 4:17:03 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Hostage

Well alrighty then!


33 posted on 07/15/2014 4:27:24 PM PDT by Georgia Girl 2 (The only purpose o f a pistol is to fight your way back to the rifle you should never have dropped.)
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To: Lurking Libertarian

Every appeal to a supreme court is a petition. It doesn’t matter what the subject of the petition is, a supreme court always has discretion to not hear a case. You said so yourself but chimed in that it was “inevitable” it must be heard. Yherefore, you are confused.

The fact is the MS Supreme Court has decided to hear the case and that is a win for McDaniel.


34 posted on 07/15/2014 4:30:12 PM PDT by Hostage (ARTICLE V)
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To: Hostage

This is a decent response from the court. The better response would have been to simply grant the petition for the writ of mandamus.


35 posted on 07/15/2014 4:33:54 PM PDT by SeaHawkFan
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To: SeaHawkFan

Just to clarify, the respondent in a mandamus action is not permitted to respond usless invited by the court to do so.


36 posted on 07/15/2014 4:35:11 PM PDT by SeaHawkFan
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To: SeaHawkFan

Yes it is because the supreme court had the decision in front of them from the lower court that came attached to the petition. Therefore, they could very well have denied the writ had the lower court decision been solid.

The supplement orders to McDaniel are very telling. The first one asks for clarification on what is meant by “ballot box” and “content”. Some have argued that the poll books are not defined as part of the contents of the ballot box. But other parts of the law refer to ballot materials meaning all materials required to be kept, stored and secure. I will state that the MS Supreme Court will settle those terms tomorrow in favor of McDaniel because clearly the spirit of the law allows for McDaniel and others during the election process to monitor and review all ballot materials.

The second supplement order regards the laws in Mississippi that contextually relevant to voter privacy. This order was not necessary as the laws cited in the lower court decision should suffice to inform the court of their application. But the order makes sure that McDaniel is aware and prepared to argue against Harris County and the AG tomorrow. Again I see this favoring McDaniel because it helps him and it was not necessary to bring it into the court’s purview.


37 posted on 07/15/2014 4:48:42 PM PDT by Hostage (ARTICLE V)
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To: Lurking Libertarian

I stayed at a Holiday Inn Express last night.
Does that count?


38 posted on 07/15/2014 4:56:39 PM PDT by tennmountainman (True conservatives don't like being rained on by their own party!)
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To: Lurking Libertarian

By the way, credientials has a typo for credentials.

Or were you too absorbed in one-upping someone who pushes back?


39 posted on 07/15/2014 5:07:12 PM PDT by Hostage (ARTICLE V)
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To: Hostage

I don’t see how ANY court can require a state-wide candidate pay almost a hundred grand just to see the vote records (never mind mere copies)- yet that’s just what the lower court did!

There would be no practical review of a vote under such an application of the Public Records Act.


40 posted on 07/15/2014 5:09:21 PM PDT by mrsmith (Dumb sluts: Lifeblood of the Media, Backbone of the Democrat Party!)
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