Thread by @RMFifthCircuit

The appeal in the Fifth Circuit of Judge Hanen’s decision has now been docketed. I expect the Court to act tonight. Maybe in the AM, but tonight more likely.

Eye roll at it being designated a civil rights case (just a technical thing, doesn’t mean anything). Indeed.

When I say I expect action tonight, that’s assuming the plaintiffs laid the groundwork (ie, called the court and told them to expect emergency motion practice). If they didn’t sad trombone noise may ensue. Federal courts don’t do stuff for you just because you want them too.

I surmise the clerk’s office is there and working. This is an entry only the court could make.

This is info I did not have. Chickens, hatched, etc. but it is inconceivable to me a court would grant such relief tomorrow. If today was meritless, this is farce.

https://twitter.com/marktrach/status/1323435288803352577

News. So there will be hijinks tonight.

https://twitter.com/marktrach/status/1323442218221359105

@nycsouthpaw has Hanen’s order. Fine work on short short notice. Solid.

https://twitter.com/nycsouthpaw/status/1323442787774275584

So it's 9 central. Totally neutrally, if you want a federal court of appeal to block voting the night before the election, you have to have the thing filed by now.

Nothing has yet been filed.

OK, I'd expect a filing soon. This is usually prepatory to a filing.

Ok the motion has been filed. I will post a link.

As I work on the link, note plaintiffs have given up for the moment on getting the already voted ballots tossed.

Here is the link.

drive.google.com/file/d/1x7bpp1…

They’re asking for a ruling tonight, which I understand. But the court will not appreciate the artificial time crunch. One thing I have learned about judges in my years of practice, do not impose your deadlines on them.

Next, if CA5 is inclined to do anything at all, we will see an order from a motions panel, maybe killing this or maybe asking for a response.

Now there’s some professionalism. Harris County’s opposite in already in. They’d prewritten it. What a concept.

drive.google.com/file/d/1SYa4oL…

Ok they’re basically mooting this part of the case.

https://twitter.com/elizlanders/status/1323477782429634560

In any event, the Fifth Circuit denies Hotze relief. Hopefully the whole mess is over now.

My hope is that this benighted quest to run off with a bunch of ballots sends even more enraged Houstonians to the polls tomorrow.

One funny note, this is a rare panel with no Texans! A Mississippi and two Louisianas.

Wait, it's not done! It seems they're going to file a petition for rehearing en banc - a request that all 17 judges of the Fifth Circuit weigh in. That... is not going to work.

https://twitter.com/steve_vladeck/status/1323640076417511425

As of about noon central, the number of en banc petitions (Zero) is outnumbered infinitely by the notices of appearance from some of the best election lawyers in the country, including @marceelias and @dale_e_ho

Point being, the apparent threats of an en banc process have not yet born any fruit.

OK, I'm calling a lid. Is that the expression? There's no en banc anything coming.