BREAKING: Michigan Supreme Court denies Rep. Paul Scott appeal - RECALL IS ON!!!

[xchrom]

http://www.eclectablog.com/2011/10/breaking-michigan-supreme-court-denies.html

In a move that has taken many, including ME, by surprise, the Michigan Supreme Court handed down a decision this morning (pdf) denying Rep. Paul Scott'sz request for a preliminary injunction meaning that his recall is back on for the November 2011 ballot.

As I wrote yesterday, the Michigan Court of Appeals had put an injunction in place on the recall petitions until Scott's appeal of the petition language could be considered. Due to time constraints, this essentially made a 2011 recall null and void. However, the Supreme Court today smacked down Paul's defense and denied his injunction. They basically told Scott that if he was going to pursue something like this, he should have gone to the Supreme Court first rather than dragging it out through the lower courts.

In a different election controversy 40 years ago, this Court recognized the practical problems that can arise when legal issues are brought to the appellate courts too close to the election day. In an effort to achieve “better timing of appeals to the judicial process,” this Court suggested that appellate review of election-related legal issues would be facilitated if the party seeking review filed its papers “in this Court,” despite the absence of an explicit rule authorizing the same. Carman v Secretary of State, 384 Mich 443, 449 (1971). In this regard, MCR 7.302(C)(1)(b) now authorizes the filing of an application for leave to appeal in this Court prior to a decision by the Court of Appeals after an application for leave to appeal has been filed in the Court of Appeals. We encourage future litigants in election disputes to avail themselves of this provision, where appropriate.


A heartening and, to my mind, quite surprising turn of events. I commend the Supreme Court for their unanimous 7-0 ruling.

[Casandia]

1. A tremendous victory for the recall effort!

Especially considering the SC slants republican.

[Lint Head]

2. So far we are winning! It's a game of inches. Everyday we get closer.

[Scuba]

3. Fighting back in Michigan, Ohio, Wisconsin... and across the country.

Check my sig line.

[socialindependocrat]

4. Bye, bye lice!!!! n/t

[Mz Pip]

5. I suspect Scott's request

for the injunction just gave more good publicity for those who want this toad gone.

[pnwmom]

6. As I read this, they can still appeal. Now they have to apply to the lower court

for an appeal, and at the same time appeal to the S.C., thereby expediting the process.

What wasn't granted was a preliminary injunction to stop the whole thing.

"In this regard, MCR 7.302(C)(1)(b) now authorizes the filing of an application for leave to appeal in this Court prior to a decision by the Court of Appeals after an application for leave to appeal has been filed in the Court of Appeals."

[Octafish]

7. And Gov. Rick 'Gateway Outsourcer' Snyder?

Will he be subject to recall, as well?

[Casandia]

8. The "first" effort did not succeed. Stay tuned

to new efforts to recall Snyder

[vssmith]

13. I didnt think I would ever see a more destructive Governor than Engler

[Bandit]

9. he should have gone to the Supreme Court first rather than dragging it out through the lower courts

When has any Court ever wanted such a thing... The Supreme Court is the LAST stop not the first....While I am happy they struck down his injunction, I can't believe they could say such a thing....

[gateley]

10. Go, Michigan! nt

[Uncle Joe]

11. Kicked and recommended.

Thanks for the thread, xchrom.

[barbtries]

12. kicking

was this on the front page? cause i missed it if so