Clark filed a “Motion to Suspend the Rules for Emergency Order on Petitioners’ Motion To Issue Writ of Mandamus Pending Review and Decision of the Supreme Court of the United States and Motion for Such Relief” on Aug. 27. She requested an order compelling that Gildea’s name be removed from the ballot or, in the alternative, that the designation of “incumbent” be removed.
The Supreme Court panel assembled to hear this matter denied the request today, Aug. 28. “Petitioners’ motion for relief does not seek to preserve the status quo pendent lite in the Supreme Court of the United States. Rather, it seeks, on an emergency basis and purportedly only pending a ruling from the Supreme Court, precisely the relief sought in the petition on the merits, which this court denied in its order of August 26. Petitioners have provided neither rationale nor legal authority for granting, pending appeal, the very relief already denied by the court, particularly where that relief would deny a candidate a place on the ballot and therefore require a new election if petitioners are unsuccessful on the merits,” wrote Acting Chief Justice James Gilbert for the Court.
Clark had also requested an expedited briefing schedule, which was denied as moot.
A spokesperson from Clark’s law office, who would not give her name except as “Peggy,” said that today’s order was needed in order for Clark to move on to the U.S. Supreme Court, and said that the candidate was preparing an “Application for Injunction Pending Petition for Certiorari.”