Full Court Denies DOJ Petition In California Election Case In About 7 Hours, No Reply Needed

I think we have seen a new record for speed on the emergency docket. Today, shortly before noon, the Solicitor General filed an emergency application in the California election law case. The brief was about 20 pages long. Circuit Justice never even bothered calling for a response. Shortly before 7:00, the petition was referred to the full Court, and was denied.

Rick Hasen calls it a mercy killing. I think shadow execution is more appropriate.

Indeed, this ruling was likely orchestrated by Circuit Justice Kagan before the petition was even filed. The government’s case was dead on arrival. And Kagan spared California the fate that befell Missouri, which had to file a pointless brief that no one would read.