September 23, 2018
Second in a Series of Reports on the Jefferson State Lawsuit
Updated September 23, 2018 10:50pm
Washington DC-The Jefferson State movement filed a writ of mandamus asking the Supreme Court to intervene in the Citizens for Fair Representation v Alex Padilla and State of California after their main tool, the 3 judge panel was thrown out in the Eastern District of California August 1, 2018, The suit was brought by Jefferson State leadership as an attempt they thought would help them become the 51st state.
The U.S. Supreme Court is expected to rule on the stay pending a writ of mandamus Monday September 24, 2018 by 12:00 pm est. The results of the ruling will be made public no later than October 1, 2018. Judge Kimberly Mueller is expected to finalize the throwing out of the case as soon as the Supreme Court ruling reaches her court.
"The plaintiffs' motion for a 3-judge court was denied. Their request for a stay was also denied. The defense motion for dismissal is still on the table and will likely be granted." stated an attorney who practices before the Supreme Court.
The stay pending a writ of mandamus with the Supreme Court and the request for a 3 judge panel was thrown out pending her decision regarding lack of standing which must come first. No final order of dismissal was given, however, these other orders will likely be viewed later as having been precursors to a final dismissal order. The final dismissal will come following a negative decision by the Court against Jefferson September 24, 2018.
Legal experts watching the case have predicted accurately the outcome at this point when the case was first filed. The case was first thrown out for lack of standing in 2009, when it was filed as Michael Warnken v Schwarzenegger.
Lawyers contacted by AENN said there was never any doubt the case would be thrown out and should never have been filed. According to the court's orders as examined by several attorneys familiar with the case the case would have a difficult time being heard by a three judge panel let alone on an appeal to the U.S. Supreme Court.
At a New California State County Committee meeting in June 2018 following the primary election a member of the Jefferson State legal team for the Citizens for Fair Representation admitted to the assembled Committee's audience the lawsuit would not make it to the Supreme Court.