[Dr. Franklin]

You’re plugged into this Brunson case pretty good. What’s your high level take on whether it goes anywhere or not?

I think they've stumbled upon an argument that at least one justice at SCOTUS thinks has some merit. I think the case was filed in the wrong court. The lower court likely only has jurisdiction over those congresscritters from that state. It needed to have been filed in D.C. for proper jurisdiction over them all, and venue should be transferred there. Despite the national security arguments, SCOTUS is in no rush to hear the case. Nothing has been expedited, and that buys time for the lower court to act. If the lower court acts, SCOTUS is less likely to hear the case. All now depends on four justices at SCOTUS wanting to hear this case. That is the bottom line.

[spacejunkie2001]

and we’ll know their willingness to hear the case on 1/6? If it was filed in DC originally it would have been tossed immediately, right? I think I read that. To transfer it there is there more likelihood it WON’T be tossed?

[Degaston]

If there is at least 1 Justice seriously wanting to hear the Case then we would have seen a “Call for Response” by now.

So, what’s your take now with there being no “Call for Response”?

[philman_36]

If the lower court acts, SCOTUS is less likely to hear the case.

Ummmm...the 10th DID make a decision on the case.

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT

That's why Rule 11 was no longer needed. The 10th ruled AFTER the Rule 11 motion was already sent in.

If you had listened to any of the interviews you would know that.