[MarMema]

It is a beautifully written dissent and points well to the powerlust and arrogance of Goldsmith.

Because it is obvious that the district court overstepped its bounds in numerous ways by inserting itself into what were orderly election processes in accordance with state law, I dissent from the denial of the motion to stay.

"...even though a temporary restraining order is an extraordinary remedy designed for the limited purpose of preserving the status quo pending further proceedings on the merits, the district court peremptorily intervened to disrupt the status quo. And the court did so on the thinnest of legal foundations—based on a speculative showing of harm and undefined showing of legal entitlement to relief."

"a district judge has seen fit to deploy the judicial power of the federal sovereign to intrude upon proceedings under state law that are traditionally entrusted to the states . . . simply because he thinks, in regard to a statutory two-day period (!), that he has a better idea than the elected representatives of the people of the State of Michigan . . . and because he can"

"By ordering continuation and completion of the recount by December 13, the court purported to assert “power” in excess even of the “authority” it had illegitimately claimed for itself. This overreach should be seen for what it is: a naked and illegitimate power grab that should stand as no impediment to the state courts’ orderly adjudication of the state law issues before them in accordance with state law."

"By issuing the temporary restraining order, the district court abused its discretion. By refusing to stay this judicial overreach, the majority perpetuates, and lends the Sixth Circuit’s imprimatur to, modern confusion surrounding the federal courts’ limited oversight of state election processes. I respectfully dissent."

[the_Watchman]

Thank you for including these quotations from the 6th Circuit dissent.

Unfortunately, it indirectly proves my point. I believe the most of us on this forum would agree with the arguments on this dissent stating that Goldsmith injected himself into what is inherently a state issue.

However, if this is the dissenting opinion, then the majority of the 6th Circuit justices do not agree and were willing to let Goldsmith contravene state law in the matter of the recount delay. If they were willing to allow that level of injection, then they will probably be willing to inject themselves, later.