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Response to grantcart (Reply #51)

Sat Sep 8, 2012, 10:04 AM

53. If you can cite to an example of a court issuing a contempt citation in a situation like this,

I'd be interested in seeing it.

The fact that judge's have enormous discretion to issue contempt citations is true. But the idea that a federal judge would issue one in this particular situation is a stretch -- a big one.

Not sure what your experience is, but from my time working for a judge and decades of litigation experience, the directive by Husted to the local boards not to set hours (which he can credibly claim would have resulted in a range of voting times that was not "uniform") until the state set one and that the state was going to wait to set the uniform times until after the appeals court ruled was clumsy and ham handed, but would never result in a contempt citation. If he had declared that was his intention in open court, he wouldn't have been cited for contempt -- the court would have done one of two things: told him no, he needed to act more expeditiously (and if had said no he wasn't going to, then maybe contempt would have been threatened) or ask him if he's seeking a stay and if Husted said yes, then the court would have scheduled briefing and argument on that question.

Husted was, as stated, an oaf in the way he handled this and because of that he has probably weakened his chances of getting the court to grant the stay that he has no formally requested. But at this point, he hasn't done anything that would have resulted in a contempt citation based on my experience.

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grantcart Sep 2012 #51
LineLineLineNew Reply If you can cite to an example of a court issuing a contempt citation in a situation like this,
onenote Sep 2012 #53
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Kolesar Sep 2012 #54
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abolugi Sep 2012 #58
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