For the 2nd consecutive week, the U.S. Supreme Court brusquely refused to hear an election fraud case from the Arizona GOP. Today's declination was of the so-called "Arizona Kraken" case, and marks the 3rd SCOTUS strikeout for the AZGOP and Chairwoman Kelli Ward.
However, like many mythical sea creatures, this Kraken is apparently still - just barely - alive. This attempt to sue Republican Governor Doug Ducey in federal court to "de-certify" the election results in favor of now-President Joe Biden was based on a series of conspiracy theories alleging widespread fraud. It sunk miserably in District Court, when Judge Diane Humetewa dismissed it after two hearings, calling it "gossip and innuendo".
The team of Trump-associated attorneys led by Sidney Powell promptly appealed the case to the 9th Circuit and asked the U.S. Supreme Court to issue an order ("mandamus") to Ducey*. Even though the Supreme Court refused to hear the appeal, the 9th Circuit - without such discretion - is still waiting to receive briefings from the parties.
In January, the Supreme Court declined to hear the AZGOP's effort (with Rep. Louie Gohmert) to sue then-Vice President Mike Pence to stop the January 6 certification. Last week, the Justices declined to accept Kelli Ward's appeal of the state court election contest.
*Yes, this was one of several oddities and problems - procedurally as well as substantively - of the Kraken case - Ducey was one of several Arizona officials who certified the election; the Trump electors did not name the others.
"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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