by Ryan McKeen
Early this afternoon the Supreme Court issued the following order, sua sponte:
IT IS ORDERED, SUA SPONTE, THAT THE PARTIES SHALL FILE SUPPLEMENTAL BRIEFS OF NO MORE THAN 10 PAGES, NO LATER THAN 10:00 A.M., TUESDAY, MAY 18, 2010 ADDRESSING THE FOLLOWING: DID THE SUPERIOR COURT PROPERLY DETERMINE THAT IT HAD SUBJECT MATTER JURISDICTION? SPECIFICALLY ADDRESS THE ISSUES OF STANDING AND RIPENESS FOR ADJUDICATION.
It’s impossible to know what to make of this other than at least one Justice on the Court wants to hear the issue. The Republican Party did not bring the appeal on the issue of subject matter jurisdiction.
If Bysiewicz lacks standing either because she didn’t put on any evidence of harm or the issue isn’t ripe until she’s the nominee – her case will be dismissed and Judge Sheldon’s opinion would be rendered meaningless.
It’s going to be a long weekend for Attorney Gersten and Attorney Horton. In addition to preparing for argument they’re also up against a briefing deadline.