[EL] Justice Kagan won't intervene in Montana ballot access case

[Marty Lederman]

Not quite never (but I'm sure this Montana case won't be another anomaly!):

See *Holtzman v. Schlesinger*, 1973:

414 U.S. 1304 (Aug. 1, 1973) (Marshall, J.)
414 U.S. 1316 (Aug. 4, 1973) (Douglas, J.)
414 U.S. 1321 (Aug. 4, 1973) (Marshall, J.)

On Tue, Aug 25, 2020 at 5:14 PM Rick Hasen <rhasen at law.uci.edu> wrote:

> Yes. I tried that once. You can go to another Justice when the Circuit
> Justice says no. But it didn’t work for me and I don’t think I’ve ever seen
> it work.
>
> My guess is that there was a serious enough issue like standing that Kagan
> did not expect (or maybe she even informally asked) that anyone else would
> want to hear the case.
>
>
>
>
>
> *From: *Law-election <law-election-bounces at department-lists.uci.edu> on
> behalf of Mark Scarberry <mark.scarberry at pepperdine.edu>
> *Date: *Tuesday, August 25, 2020 at 2:07 PM
> *To: *Election Law Listserv <law-election at uci.edu>
> *Subject: *Re: [EL] Justice Kagan won't intervene in Montana ballot
> access case
>
>
>
> I suppose Montana can ask the entire court for a TRO, even though Justice
> Kagan did not refer the matter to the Court. Is that right?
>
>
>
> Inquiring minds want to know, and my election law class session starts in
> two hours!
>
>
>
> Mark
>
>
>
> [image: Pepperdine wordmark]
>
> *Caruso School of Law*
>
>
> * Mark S. Scarberry*
>
>
> *Professor of Law **mark.scarberry at pepperdine.edu
> <mark.scarberry at pepperdine.edu>*
>
> Personal: mark.scarberry at gmail.com
>
>
>
>
>
>
>
>
>
> On Tue, Aug 25, 2020 at 1:30 PM Richard Winger <richardwinger at yahoo.com>
> wrote:
>
> U.S. Supreme Court Justice Elena Kagan Denies Montana Ballot Access Case,
> Without Submitting it to Other Justices | Ballot Access News
> <http://ballot-access.org/2020/08/25/u-s-supreme-court-justice-elena-kagan-denies-montana-green-party-request-without-submitting-it-to-other-justices/>
>
>
> U.S. Supreme Court Justice Elena Kagan Denies Montana Ballot Access Case...
>
>
>
>
>
>
>
> Richard Winger 415-922-9779 PO Box 470296, San Francisco Ca 94147
>
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-- 
Marty Lederman
Georgetown University Law Center
600 New Jersey Avenue, NW
Washington, DC 20001
202-662-9937
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