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.
I think McDaniel will be granted the writ. I was merely pointing out the the target of the writ has no right to answer unless requested by the court.