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

Tue Aug 25 14:31:39 PDT 2020

Indeed, it was shortly after (and perhaps in response to) Holtzman that the Court:

1) started a practice where a second Justice would (almost) automatically refer a contentious application to the full Court; and

2) stopped “adjourning” over the summer so that the full Court could rule in such circumstances (and others) without having to come back for a “Special Term,” which it did five times between 1942 and 1972.

All my best,

-steve

---
Stephen I. Vladeck
A. Dalton Cross Professor in Law
University of Texas School of Law
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Phone: (512) 475-9198 | E-Mail: svladeck at law.utexas.edu
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On Aug 25, 2020, at 4:27 PM, Marty Lederman <Martin.Lederman at law.georgetown.edu> wrote:

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<mailto: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<mailto:law-election-bounces at department-lists.uci.edu>> on behalf of Mark Scarberry <mark.scarberry at pepperdine.edu<mailto:mark.scarberry at pepperdine.edu>>
Date: Tuesday, August 25, 2020 at 2:07 PM
To: Election Law Listserv <law-election at uci.edu<mailto: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

[Pepperdine wordmark]
Caruso School of Law

Mark S. Scarberry
Professor of Law
mark.scarberry at pepperdine.edu<mailto:mark.scarberry at pepperdine.edu>
Personal: mark.scarberry at gmail.com<mailto:mark.scarberry at gmail.com>

On Tue, Aug 25, 2020 at 1:30 PM Richard Winger <richardwinger at yahoo.com<mailto: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
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