Politico: Maine’s top election official seeks state Supreme Court review of decision to remove Trump from ballot:In her decision, the judge said that the issues raised in the Maine case mirror the issues raised in the Colorado case before the U.S. Supreme Court.
A Maine judge on Wednesday paused an election official’s decision on former President Donald Trump’s ballot status to allow time for the U.S. Supreme Court to rule on a similar case in Colorado.
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Superior Court Judge Michaela Murphy denied Trump’s request to stay the proceedings, but she sent the case back to the secretary of state with instructions to await the outcome of the U.S. Supreme Court case before issuing a new ruling withdrawing, modifying or upholding her original decision.
Without the benefit of the docket, it appears:The appeal comes as a similar case from Colorado is pending at the U.S. Supreme Court.
Maine Secretary of State Shenna Bellows is asking the state’s highest court to weigh in on her decision to remove Donald Trump from the 2024 ballot while a related decision by Colorado judges remains pending before the U.S. Supreme Court.
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But Bellows’ appeal gives the opportunity for one more state high court to weigh in before the Supreme Court’s Feb. 8 arguments on the Colorado decision.
1. The superior denied the respondent's motion for a stay, but then remanded the decision back to SoSoME with instructions to wait for the SCOTUS' decision in the Colorado case. (This was, in effect, a backdoor grant of the stay because, IIRC, the SoSoME already said no one actually would be removed from the ballot until the courts had weighed in.)
2. SoSoME then appealed the superior court's ruling to SCOME.
I presume SCOME could:
1. Accept the appeal and rule on the merits;
2. Accept the appeal but hold the case until SCOTUS rules on the Colorado case; or
3. Deny the appeal and let stand the superior court's order for SoSoME to hold the case until SCOTUS rules.
Judicial efficiency suggests SCOME should accept the appeal, hold the case until SCOTUS rules, and then return it to the superior court with instructions to follow SCOTUS' ruling, if applicable. (It is possible but unlikely SCOTUS could dispose of the Colorado case in a manner that wouldn't address SoSoME's decision.)
Maine's primary is March 5.