THREAD:
Good evening, followers of Rudy& #39;s judicial hijinks and other interested parties. The Motion to Expedite the appeal of the Pennsylvania lunacy is now available.

Your livet[w]eet starts now:
At the start it& #39;s worth noting that this is a 6-page document, so it& #39;s clearly not a merits brief. Instead, it& #39;s simply a motion for expedited review.

By the time the 3rd Circuit is prepared to rule on this, some counties may already have certified.
Seriously, we& #39;re about 14 hours out from at least one of the counties these clowns want to enjoin completing certification, we& #39;re more than 24 hours past the ruling they& #39;re appealing on an "emergency" basis, and this is what they came up with.

Oy.

But let& #39;s dig in.
The first paragraph says they& #39;re appealing the denial of their motion to amend - which is kind of strange because I& #39;m not at all sure they CAN really appeal that without also appealing the dismissal.
I mean, if they get the 3rd to ONLY send it back for amendment, they& #39;re just going to lose most of the case on standing again - they& #39;ll get back the claim about the observers, but they& #39;ll lose that on standing, too.
So that seems like a strange point to make your leadoff hitter - why is that the first point they& #39;re bringing up instead of the standing issue or the merits issue?
Moving on -
OK, these were the claims before the trial court - but so far nothing on the basis for them being rejected or the grounds for appeal.
As I mentioned earlier, the actual deadline is Nov 30th, because unless certification happens before then PA effectively has no legislature. Which would arguably be a bad thing.
Wait - they& #39;re still talking about the 2nd Amended Complaint, and it& #39;s the end of page 3 and one page is going to be signatures ---

NO WAY. They CANNOT only be asking for expedited review of the refusal to allow leave to amend.
OK, now they& #39;re talking about what their 2nd Amended Complaint would allege.

Holy crap, maybe they& #39;re really only asking for expedited review of the refusal to allow leave to amend.
And FFS they really are proposing a briefing schedule that moots the currently requested relief.

What is their plan if they don& #39;t get leave to amend?
And I don& #39;t believe it. They really are only requesting expedited briefing on the refusal to allow leave to amend.

I& #39;m..........................
WHAT in the name of all that is holy, unholy, or mundane are these clowns smoking?
Seriously - let me take a stab at the first sentence of an opposition to this absolutely bonkers request. It& #39;s not going to take long, because this practically writes itself.
"Appellants, in an emergency filing more than a day after the District Court found that amending their complaint would result in undue delay, request that this court to permit them to file a 2nd Amended Complaint barely 12 hours before the relief they request will become moot."
And, seriously, what is their game plan if the 3rd Circuit looks at the trial court& #39;s ruling and says, "wait, even if we let them amend, the trial court& #39;s just going to dismiss everything on standing again."
This is --

I& #39;d be very curious to see if the experienced appellatetwitter crowd can think of a reason for this approach, because it makes little sense to me.

/fin
Addendum - here& #39;s the document. Sorry I forgot to link it at the top.

https://www.democracydocket.com/wp-content/uploads/sites/45/2020/11/File-Stamped-Emergency-Motion-to-Expedite.pdf">https://www.democracydocket.com/wp-conten...
You can follow @questauthority.
Tip: mention @twtextapp on a Twitter thread with the keyword “unroll” to get a link to it.

Latest Threads Unrolled: