UPDATE (Really): U.S. Supreme Court To Conference On Accepting AZGOP's Election Contest Appeal Feb. 19

UPDATE, 1/27/21, 3:00pm: Supreme Court  Justices To Conference On Accepting AZGOP's Election Contest Appeal Feb. 19

The U.S. Supreme Court Justices will likely decide on February 19 whether or not they will hear one of the Arizona Republican Party's appeals of the November Presidential election in Arizona. (Although their order accepting it or denying it will probably be made public the following week.)

The appeal the highest court will be considering is the one filed by AZGOP Chairwoman Kelli Ward contesting the Arizona results, which favored now-President Joe Biden over then-President Donald Trump. In the state courts, the case focused on the duplicated ballots in the Southeast Valley and signature envelopes on mailed-in ballots.

However, in the appeal to the Supreme Court, the AZGOP shifted its focus to the constitutionality of the Electoral Count Act - specifically the safe harbor deadline.

The Justices declined to expedite the appeal, and asked defendants to respond to the petition by January 14. None of the previous contestants - Secretary of State Katie Hobbs, Maricopa County, and the Democrats - bothered to file a brief opposing the case.

The Supreme Court has summarily declined to accept several of the other election-related challenges filed by the AZGOP and others trying to support Trump. This case may very well join that list.

The other AZGOP appeal in front of the Supreme Court is currently in wait and see mode, as well. That "Kraken" case has a deadline for defendants to respond set for tomorrow, before the Justices decide whether to accept that appeal. (The U.S. Supreme Court has discretion on which appeals to accept, and only take a tiny fraction of those presented to it each year.)

(For more details, please read our previous article, below.)

ORIGINAL ARTICLE, 1/11/21: BREAKING (Really): U.S. Supreme Court REJECTS Efforts to Expedite Remaining AZGOP/Ward's Election Appeals

The U.S. Supreme Court today rejected Motions to Expedite the other two appeals that have been filed by the Arizona GOP and Chairwoman Kelli Ward. Responses will be due later this week and later this month.

Last week, the Justices flatly rejected the AZGOP's effort (along with Texas Rep. Louie Gohmert) to get the highest court in the land to tell Vice President Mike Pence that he was not bound by the Electoral Count Act - in place since 1877 - because it was unconstitutional. As Arizona's Law detailed, Ward mislead supporters into thinking that the appeal had been filed before the January 6 counting of the Electoral College votes - thus making it appear that the Supreme Court's eventual rejection was unreasonable. (It was filed on January 6.)

Today's rejections come in the Ward v. Jackson election contest appeal that had been dismissed by Maricopa County Superior Court Judge Randall Warner. That dismissal was affirmed by the Arizona Supreme Court, and the appeal to the U.S. Supreme Court had aimed to find a different portion of the Electoral Count Act unconstitutional (i.e. the safe harbor date). 

AZGOP attorney Jack Wilenchik had filed the Motion to Expedite on December 11, along with the appeal, but it was not until one month later that the Supreme Court denied the motion. The defendants (Biden electors) and the intervenors (Secretary of State Hobbs, Maricopa County Supervisors and Recorder) have until Thursday to respond to the appeal. (aka petition for writ of certiorari).

Today's second swat-down came in the so-called Arizona Kraken case. The AZGOP's attorneys - led by

Sidney Powell and Arizona attorney Alex Kolodin - lost the case in U.S. District Court and are trying to pair it with similar cases from Michigan, Georgia and Wisconsin. They are asking the Supreme Court Justices to order U.S. District Court Judge Diane Humetewa to un-do her dismissal and to force Arizona to "de-certify" the November 3 election results in favor of Joe Biden over Donald Trump.

The Motion to Expedite was late filed on December 18. Defendants have until January 28 to respond to the substance. (The AZGOP also has a concurrent appeal of this case before the 9th Circuit; however, they have not moved to expedite it and briefing will last into May.)

The Justices rejected similar motions to accelerate consideration in several other election-related appeals.

AZ Law" includes articles, commentaries and updates about opinions from the Arizona Supreme Court, U.S. Supreme Court, as well as trial and appellate courts, etc. AZ Law is founded by Phoenix attorney Paul Weich, and joins Arizona's Politics on the internet. 

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