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Missouri v. New York

Posted: Wed Jul 03, 2024 2:57 pm
by raison de arizona
Filed. Haven't read yet, but have at it.
MOTION FOR LEAVE TO FILE BILL OF COMPLAINT: https://ago.mo.gov/wp-content/uploads/M ... -v.-NY.pdf
Press release: https://ago.mo.gov/missouri-attorney-ge ... erference/

Missouri v. New York

Posted: Wed Jul 03, 2024 3:06 pm
by bob
MOTION FOR LEAVE TO FILE BILL OF COMPLAINT: https://ago.mo.gov/wp-content/uploads/M ... -v.-NY.pdf
The only issues are:
(1) Whether SCOTUS will deny this over the summer or wait until the long conference in the fall; and
(2) Whether the denial will be 9-0 or 7-2.

Missouri v. New York

Posted: Thu Jul 04, 2024 2:05 pm
by noblepa
bob wrote: Wed Jul 03, 2024 3:06 pm
MOTION FOR LEAVE TO FILE BILL OF COMPLAINT: https://ago.mo.gov/wp-content/uploads/M ... -v.-NY.pdf
The only issues are:
(1) Whether SCOTUS will deny this over the summer or wait until the long conference in the fall; and
(2) Whether the denial will be 9-0 or 7-2.
I realize that SCOTUS has original jurisdiction in lawsuits involving one state suing another, but I fail to see how the state of Missouri has standing to sue New York over a New York court case.

The complaint states that they are asking SCOTUS for " a stay of New York’s gag order and impending sentence against Donald J. Trump during the 2024 Presidential election season so Missourians can participate in the selection free from New York’s exercise of coercive power limiting the ability of Trump to campaign."

That seems to me to be a stretch. I assume that, even when one state sues another, there must be some actual damage, not just a potential, in order to confer standing on the plaintiff.

Missouri v. New York

Posted: Thu Jul 04, 2024 3:34 pm
by bob
noblepa wrote: Thu Jul 04, 2024 2:05 pmI realize that SCOTUS has original jurisdiction in lawsuits involving one state suing another, but I fail to see how the state of Missouri has standing to sue New York over a New York court case.
Exactly; it is 2020's Texas v. Pennsylvania redux.

It is just lawfare to prop up a political campaign.

And a waste of judicial resources that likely will draw a bar complaint. Counsel of record is Missouri's Solicitor General, Joshua Devine. (YLS '16 and a Thomas SCOTUS clerk, natch.)
I assume that, even when one state sues another, there must be some actual damage, not just a potential, in order to confer standing on the plaintiff.
Not in the Calvinball 5th Circuit. :towel:

Missouri v. New York

Posted: Thu Jul 04, 2024 6:59 pm
by Ben-Prime
bob wrote: Thu Jul 04, 2024 3:34 pm Not in the Calvinball 5th Circuit. :towel:
Now I want to distract myself from the horrors of the daily news by coming up with cartoon counterparts for each of the 'Big Name' courts and circuits (*). Just another accidental service provided by the great minds here at The 'bow.

(*) - this may also be because I have just woken up and rolled out of bed and am still hazy. But Imma credit Bob for the idea anyway.