NC Supreme Court race - Riggs ahead +734 | NC Supreme Court stays certification pending appeal

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Elections board urges federal judge to keep NC Supreme Court dispute, rule against Griffin​


  • The North Carolina State Board of Elections urges a federal judge to maintain jurisdiction over Republican state Supreme Court candidate Jefferson Griffin's lawsuit linked to the Nov. 5 election.
  • The state elections board also asks US Chief District Judge Richard Myers to reject Griffin's request for an injunction.
  • Griffin seeks to have more than 60,000 ballots thrown out of the election. He trails Democrat Allison Riggs by 734 votes in an election that could be certified on Jan. 10.
 
“… Griffin filed a complaint on Dec. 18 asking North Carolina’s Supreme Court to block certification of the recent state Supreme Court election. The state elections board removed the case to federal court the following day. Griffin wants the case returned to the state court system.

Unless Griffin secures an injunction by Jan. 9, the elections board would certify the election the following day. Such a vote would “moot” Griffin’s legal challenge. …”
 
nycfan said:
“… Griffin filed a complaint on Dec. 18 asking North Carolina’s Supreme Court to block certification of the recent state Supreme Court election. The state elections board removed the case to federal court the following day. Griffin wants the case returned to the state court system.

Unless Griffin secures an injunction by Jan. 9, the elections board would certify the election the following day. Such a vote would “moot” Griffin’s legal challenge. …”
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this fucking piece of shit requested that the state court give him some sort of decree declaring that his position re: the 60,000 voters didn't violate federal law or the federal constitution, and then complains that the election board removed to federal court.

this guy is a freaking judge? who doesn't understand that when you ask for relief under federal law, the other side can remove to federal court?

everyone who voted for his jackanape should take a long look in the mirror and ask themselves if they really want their judiciary to be ignorant of the law. I mean, they should have been asking similar questions for a while now, and I have no illusions that they will. It's just that when a candidate for a state supreme court submits a brief that would fail civil procedure class, it should be a sign.
 
superrific said:
this fucking piece of shit requested that the state court give him some sort of decree declaring that his position re: the 60,000 voters didn't violate federal law or the federal constitution, and then complains that the election board removed to federal court.

this guy is a freaking judge? who doesn't understand that when you ask for relief under federal law, the other side can remove to federal court?

everyone who voted for his jackanape should take a long look in the mirror and ask themselves if they really want their judiciary to be ignorant of the law. I mean, they should have been asking similar questions for a while now, and I have no illusions that they will. It's just that when a candidate for a state supreme court submits a brief that would fail civil procedure class, it should be a sign.
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Trump judge, so as stupid as Griffin's position clearly is, he might just get what he wants.
 
lawtig02 said:
Trump judge, so as stupid as Griffin's position clearly is, he might just get what he wants.
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but the appeals court would overrule immediately, yes? it would take me about 15 seconds to know I had to stay the judgment.

or does the appeals court not review decisions to send the case back to the state? this is the shit you don't remember when you teach law, unless you teach civ pro.
 
superrific said:
but the appeals court would overrule immediately, yes? it would take me about 15 seconds to know I had to stay the judgment.

or does the appeals court not review decisions to send the case back to the state? this is the shit you don't remember when you teach law, unless you teach civ pro.
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I’m almost sure remands are not reviewable. I know they’re not in the 11th and I think that’s a universal rule. It’s also one of my least favorite ones.
 
lawtig02 said:
I’m almost sure remands are not reviewable. I know they’re not in the 11th and I think that’s a universal rule. It’s also one of my least favorite ones.
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yeah, that's what I thought. Is it an issue of finality?

That said, can't you collaterally attack the judgment in federal court if it was improperly remanded? Like, suppose this guy gets his remand and the NC Supreme Court issues an opinion invalidating all votes statewide; then, since it's a tied election, the winner gets chosen by a coin flip and the GOPer wins. Can't Riggs then sue in federal court to declare the state Supreme Court action unlawful, or is cert to SCOTUS the only path forward on that?
 
superrific said:
yeah, that's what I thought. Is it an issue of finality?

That said, can't you collaterally attack the judgment in federal court if it was improperly remanded? Like, suppose this guy gets his remand and the NC Supreme Court issues an opinion invalidating all votes statewide; then, since it's a tied election, the winner gets chosen by a coin flip and the GOPer wins. Can't Riggs then sue in federal court to declare the state Supreme Court action unlawful, or is cert to SCOTUS the only path forward on that?
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No, I think it’s just statutory. 28 USC 1447(d) precludes appellate review except in certain specific circumstances.


Not sure about the collateral attack. I’ve never tried that. 🤨
 
lawtig02 said:
No, I think it’s just statutory. 28 USC 1447(d) precludes appellate review except in certain specific circumstances.


Not sure about the collateral attack. I’ve never tried that. 🤨
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Interesting. One of those circumstances is present here, though. The invalidation of votes is a civil rights issue, so it arguably falls within 28 USC 1443. that said, 1443 is another poorly drafted statute and I don't know exactly how to interpret it. Not sure if the board of elections is able to avail itself of that provision, though I would argue for third party standing, that the board of elections stands in voters' shoes and represents their interests in preserving their franchise.
 
superrific said:
Interesting. One of those circumstances is present here, though. The invalidation of votes is a civil rights issue, so it arguably falls within 28 USC 1443. that said, 1443 is another poorly drafted statute and I don't know exactly how to interpret it. Not sure if the board of elections is able to avail itself of that provision, though I would argue for third party standing, that the board of elections stands in voters' shoes and represents their interests in preserving their franchise.
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Yeah that’s interesting and it may never have been adjudicated before. Let’s hope the judge does the obviously right thing, but it will be a mess if he does not.
 
lawtig02 said:
Trump judge, so as stupid as Griffin's position clearly is, he might just get what he wants.
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While this judge was appointed by Trump, I think people in the legal community who practice before him respect him. Prior to becoming judge, he was a UNC law professor. One of my good friends had him as a professor and thought very highly of him. He was actually surprised he ended up being a Trump appointee.
 
Icky Mettle said:
While this judge was appointed by Trump, I think people in the legal community who practice before him respect him. Prior to becoming judge, he was a UNC law professor. One of my good friends had him as a professor and thought very highly of him. He was actually surprised he ended up being a Trump appointee.
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I worked with Richard Myers and know him pretty well. I think I interviewed him for a law firm job when he was a student at UNC law. I also have had some interactions with him since -- even though he lives all the way across the country. In any event, he is a very sharp (but conservative) judge. I have not studied his rulings since Trump appointed him, but I would be very surprised if he were anything like Cannon or Kacsmaryk. I think he is one of the normal Trump judges.
 
Calheel said:
I worked with Richard Myers and know him pretty well. I think I interviewed him for a law firm job when he was a student at UNC law.
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You are older than I thought. I had thought you were in your 40s but I think that timeline makes my estimate virtually impossible. Not that it matters. Not that I spend inordinate amounts of time thinking about people, but I do like to get a general feel of people I interact with (where possible) as I think it improves my communication.
 
superrific said:
You are older than I thought. I had thought you were in your 40s but I think that timeline makes my estimate virtually impossible. Not that it matters. Not that I spend inordinate amounts of time thinking about people, but I do like to get a general feel of people I interact with (where possible) as I think it improves my communication.
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As an aside, this could be a fun thread: "Super's general feel of posters on the ZZLP" where each poster who volunteers gets the general description of what you think true of them based on their posting history.
 
superrific said:
You are older than I thought. I had thought you were in your 40s but I think that timeline makes my estimate virtually impossible. Not that it matters. Not that I spend inordinate amounts of time thinking about people, but I do like to get a general feel of people I interact with (where possible) as I think it improves my communication.
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54
 
SnoopRob said:
As an aside, this could be a fun thread: "Super's general feel of posters on the ZZLP" where each poster who volunteers gets the general description of what you think true of them based on their posting history.
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I am really good at weight guessing. But it requires visual inspection, and it is also an extremely unhelpful skill in almost all situations.
 
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