Leo Donofrio files suit in New Jersey, now in the US Supreme Court
* October 27 - Leo Donofrio files case against SOS in New Jersey
* Judge Sabation dismissed it
* Donofrio appeals to New Jersey Supreme Court
* October 31 - Honorable Justice Virginia A. Long dismissed it
* November 3 - Donofrio appeals to the US Supreme Court
* November 6 - Justice Souter denies application For Emergency Stay
* Case is still "pending" because of Mr. Bikell's error
o United States Supreme Court Docket #08A407
o This is a quote from Leo Donofrio
On Thursday, I finally got through to Mr. Bickle and was informed by him that the case was never passed on to Justice Suoter because Mr. Bickle didn't think it was an appropriate Application. I was absolutely astounded. Mr. Bickle told me that I should have made a full Petition for Writ of Certiorari. And I told him he was flat out wrong, because :
- I followed the Court Rules perfectly
- we spoke all about this on Monday and he agreed with my interpretation of the rules then
- my case was properly before the court from the Supreme Court of NJ
- and the precedent was Bush v. Gore where no Petition was necessary
All the while speaking to Mr. Bickle, I stayed calm and gentle while the anger was seething inside of me hoping he would Docket it, even at this late stage so I would have something to show people when I finally went public.
It's not the Clerk's job job to play Judge. His job is to collect the papers and pass them onto the Justices, but as to this action Mr. Bickle basically made a substantive judgment of law and denied my application on his own.
After explaining Bush v. Gore to him, where the Court treated the Stay application as a Petition for Cert. and then granted that virtual Petition, he blinked and agreed to Docket the case, but he still tried to persuade me to drop it anyway stating, "Do you want to redo the election?"
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