[pogo101]

my considered opinion in THIS case is that SCOTUS will throw out this Ninth Circuit Order on an Emergency Basis. The Order to do so will be signed by Justice O'Connor

I hope you are right. I suspect that, if that does happen, she will start by issuing an emergency stay order in her capacity as Circuit Justice for this circuit, and refer the matter of granting-cert-or-not to her brethren ... although if O'Connor wants cert, it's a good bet that fellow Californians Kennedy and Rehnquist will go along. That's three outta four. No way would none of the other 6 join in. (That's IF the 9th Cir. ruling's already been stayed. I think there'd be a problem getting cert if there's no stay and the election's cancellation has "taken," such that a reversal wouldn't allow the election to be put back on for October.)

[Congressman Billybob]

The Emergency Rules of the Supreme Court permit any grant of, or refusal of, injunctive relief to be taken all the way up the federal food chain from the trial court. The fact that the Ninth stayed its Order a week to allow for an appeal means that all election officials, candidates and others may continue right now as if the election is still on.

However, that self-granted stay of the Order does NOT affect the right of any aggrieved parties to go either to the whole Ninth Circuit, or to the Supreme Court, or both. In fact, it recognizes and allows for those very possibilities.

John / Billybob

[Congressman Billybob]

Certiorari does NOT have to be granted. Judge Napolitano, who's usually very good on these matters, is wrong this time. My first win in the Supreme Court was Emergency Relief granted by a single Justice. The whole Court NEVER did accept and hear that whole case on the merits. (McCarthy v. Briscoe, September, 1976.)

John / Billybob