Monday, December 7, 2020

Certiorari


Certiorari

In lawcertiorari is a court process to seek judicial review of a decision of a lower court or government agencyCertiorari comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made certain", and comes from the opening line of such writs, which traditionally began with the Latin words "Certiorari volumus..." ("We wish to be made certain...").

In the United Statescertiorari is most often seen as the writ that the Supreme Court of the United States issues to a lower court to review the lower court's judgment for legal error (reversible error) and review where no appeal is available as a matter of right 

A minimum of four of the nine justices is required to grant a writ of certiorari, referred to as the "rule of four". The court denies the vast majority of petitions and thus leaves the decision of the lower court to stand without review; it takes roughly 80 to 150 cases each term. In the term that concluded in June 2009, for example, 8,241 petitions were filed, with a grant rate of approximately 1.1 percent 

Sean Parnell, one of the petitioners in the suit, was one of the House candidates I donated to.

Nov. 6

Justice Alito Orders Pennsylvania to segregate and secure “ballots received by mail after 8:00 p.m. on November 3”

Nov. 25

Pennsylvania state court judge issues injunction against certification. (original filing)


Nov.  27

Pennsylvania State Judge Upholds Halt To Certification, Finds Likelihood Mail-In Balloting Procedures Violate PA Constitution

Nov. 28

Pennsylvania Supreme Court dismisses challenge to mail-in ballot procedures, vacates halt to certification

Dec 1 

Pennsylvania: Emergency Injunction Sought From SCOTUS To Halt Any Further Certification Actions

Dec 4

Pennsylvania – Don’t Assume Alito Giving Until 12/9 To Respond To Emergency Application Means He’s Letting It Die On the Vine (Update)

Dec. 6

Pennsylvania: Alito Moves Up Response Date on Emergency Application To 12/8

quote: I don’t think the “safe harbor” date would preclude the Supreme Court from acting, but it may have been something weighing on the minds of some Justices, because an “updated” entry on the Supreme Court docket just move the deadline to 9 a.m. Tuesday, December 8.

Response to application (20A98) requested by Justice Alito, due Tuesday, December 8, by 9 a.m. (docket entry updated 12/6/20)

 

Dec. 7 

U.S. Senator Ted Cruz announces on Fox News that in the event the Supreme Court grants certiorari in the Kelly lawsuit, he will argue the case for the petitioners at their request. Cruz had previously argued cases at the Supreme Court nine times as Solicitor General of Texas.



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