It’s probably most helpful if I post some of the filings. So, first, I’d point people to Judge Sullivan’s order earlier today for USPS to conduct sweeps in certain districts by 3:00 p.m. EST.
Second, take a look at the postal service’s response. There’s a lot of verbiage but the ultimate message is they’re not going to meet the 3:00 p.m. deadline Judge Sullivan set (and, cheekily, they say they don’t think it really is a deadline).
Third, the plaintiffs raise their hand and say, omg, the USPS is not complying with the court’s order (remember, USPS said it would miss the 3p EST deadline) and the plaintiffs ask for an immediate hearing today.
Fourth, the judge says he understands that it’s all going to happen by 8pm, and so he’s not going to hold an emergency hearing. Instead, they’ll discuss the USPS’s “apparent noncompliance” (read, defiance) w/r/t his deadline tomorrow.
whoops “apparent lack of compliance”* — never trust the quote in your head
Note that the South Florida district is part of Sullivan’s original order, so with USPS’s intransigence taken into account today’s sweeps of the postal facilities for mailed ballots may not be done for another half hour or more.

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More from @nycsouthpaw

4 Nov
The votes have been CAST—in many cases postmarked and given to the federal government—but they still need to be COUNTED. Every vote needs to be counted.
He deleted it, but Scavino is gonna repost it with “poles” spelled correctly.
Read 5 tweets
4 Nov
This thing the NYT has foisted on us again went from 82% Trump to 61% Biden in Georgia in the space of thirty-three minutes.
62%* Biden, forgive me
Read 5 tweets
3 Nov
Hint: It falls to Congress.
This got through editing? It’s wild.
Read 6 tweets
3 Nov
The notice of appeal to the Fifth Circuit hit the district court docket before Judge Hanen’s written order, which is a road map for the Fifth Circuit to reverse him without remand if it’s so inclined. Pages 1-4:
Pages 5-9:
Having reread it, the real invitation outlined by the judge here is for the Supreme Court—to change the law of standing to aid GOP candidates in throwing out votes on the night before an election. (But the appeal the plaintiffs filed is to the 5th Cir and time is way too short.)
Read 9 tweets
2 Nov
Ceci n’est pas une loudmouth…
I’d like to talk to the person who thought “around town” would save that lede.
It’s pretty insane that this was published! In the New York Times!

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Read 4 tweets
2 Nov
In one of today’s cases, Taylor v. Riojas, the Court takes the babiest of baby steps away from qualified immunity—reversing the 5th Cir bc, the per curiam opinion says, it didn’t distinguish the heinous facts from another slightly less heinous QI case.…
As Justice Alito notes in a concurrence, this isn’t the way the Supreme Court usually operates. Its rules say that if a party merely got jobbed by a circuit court that misapplied a properly-stated legal standard, the Court generally won’t take up the appeal.
The court’s decision to intervene in this way, to me, suggests that there is significant discomfort with QI among some members of the court—albeit not enough to actually start overruling old decisions. There’s no indication where the new Justice Barrett stands on the issue.
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