UPDATE: U.S. Supreme Court Refuses To Hear Challenge To Gov. Ducey's Ability To Control Senate Seat For 27 Months Before Special Election

UPDATE, 12/14/20, 9:00am: Without comment, the U.S. Supreme Court today declined to hear William Tedards' appeal. This closes the final chapter of the effort to challenge the constitutionality of Arizona's new law which enabled Governor Doug Ducey to have appointees Jon Kyl and Martha McSally fill the late John McCain's Senate seat until last month's special election. (For more details, please read the original article below.)

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Original article, 12/1020, 2:20pm: NEW: U.S. Supreme Court To Consider Arizona Election Case TOMORROW; No, Not THAT One, the One Allowing Gov. Ducey To Appoint Kyl/McSally For 2+ Years Before Special Election

 The U.S. Supreme Court WILL be considering an Arizona election case tomorrow. No, it is NOT one of the ones challenging the results in the Presidential race. It is the one challenging whether Gov. Doug Ducey had had the right to appoint replacements to the late John McCain's Senate seat for 2+ years. 

McCain passed away in August 2018. Under a then-new law passed by the Arizona Legislature, it was too close to the early primary election. Ducey was able to appoint first retired Sen. Jon Kyl, and then just-defeated Martha McSally to the seat, and the Special Election to fill out the remainder of the six-year term was just held last month. Mark Kelly defeated appointee McSally in a close contest, and took the seat some 27 months after McCain's passing.

The case was first brought in November 2018, trying to force the special election to be called sooner. In another interesting parallel to this week's Arizona Kraken case, Judge Diane Humetewa heard arguments on the Governor's Motion to Dismiss and did not rule until after plaintiffs took the unusual step of  appealing a non-decision. (Plaintiff has been unsuccessful at every turn since.)

The U.S. Supreme Court is considering plaintiff's writ of certiorari at Friday's conference. (IOW, deciding whether to hear the appeal.) The conference was scheduled for September, but was delayed when Governor Ducey's attorneys asked for an extension. ("Ballot Harvest October Surprise For AZ? Ruth-less Supreme Court Considers TWO Arizona Election Law Cases On Tuesday") The Justices' decision will likely be released next week.

Tedards v Ducey - Brief in Opposition by arizonaspolitics on Scribd

Tedards v Ducey - Reply by arizonaspolitics on Scribd

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