The Tennessee Supreme Court assumed jurisdiction of the Tennessee Republican Party’s appeal of Davidson County Chancery Court Judge Russell Perkins’ ruling ordering disqualified TN-5 candidate Robby Starbuck on the August 4 Republican primary ballot.
The Court assumed jurisdiction over the objections of Starbuck’s legal team, who argued in a brief that their involvement was not warranted. The Court disagreed.
The Tennessee Supreme Court’s order states, in part:
Upon due consideration, we GRANT Appellants’ motion to assume jurisdiction over this appeal, including Appellants’ application for extraordinary appeal and motion to stay, as well as the non-parties’ petition for common law writ of certiorari and supersedeas.
We further grant Appellants’ request for expedited review. Appellee may file a response to the non-parties’ petition by 10:00 a.m. CDT on June 9, 2022.
The “Appellee” in this case is Robby Starbuck, whose legal name is Robert Starbuck Newsom. The Court is requiring his legal team to file a response to the state of Tennessee’s petition to vacate Judge Perkins’ ruling by Thursday at 9am.
Previously reported, the state of Tennessee filed a petition on Tuesday asking the Court of Appeals of Tennessee at Nashville to vacate Davidson County Chancery Court Judge Russell Perkins’ order putting Robby Starbuck on the August 4 Republican primary ballot.
Starbuck’s team has already filed their response to the Tennessee Republican Party’s appeal.
The Tennessee Supreme Court’s ruling taking up the case under expedited review means that the legal process concerning Starbuck’s placement on the ballot is nearing its end.
Expedited review means that the Court will review and take quick action on this case very quickly. Legal experts tell The Tennessee Star that action could happen as soon as Thursday or Friday, if the Court elects not to hold oral arguments.
It is unclear whether or not the Court will elect to do that.
Based on this order, the issue of whether or not Starbuck will wind up on the ballot is not the only issue that the Court can decide on. As they are considering the appeal in its entirety, the issue of whether or not the Tennessee Republican Party is subject to the Tennessee Open Meetings Act can be decided upon.
The Tennessee Supreme Court order further provided the timeline of the case filings.
On June 6, 2022, the Tennessee Republican Party and the Tennessee Republican Party State Executive Committee (“Appellants”) filed in the Court of Appeals an Application for Extraordinary Appeal pursuant to Rule 10 of the Tennessee Rules of Appellate Procedure from the trial court’s June 3, 2022 order granting a temporary injunction. Appellants also filed an Emergency Motion to Stay Injunction Pending Extraordinary Appeal pursuant to Rule 7 of the Tennessee Rules of Appellate Procedure, requesting that the injunction be stayed and expedited review. That same day, the Court of Appeals ordered that Appellee Robert Starbuck Newsom a/k/a Robby Starbuck file an answer to the application for extraordinary appeal and motion for stay. On June 7, 2022, Mr. Starbuck timely filed his answer.
Also on June 7, 2022, non-parties Tre Hargett, in his official capacity as Tennessee Secretary of State, and Mark Goins, in his official capacity as Coordinator of Elections for the State of Tennessee, filed in the Court of Appeals a Petition for Common Law Writ of Certiorari and Supersedeas, requesting that the Court of Appeals vacate the trial court’s June 3, 2022 order.
Further, on June 7, 2022, Appellants filed in this Court a Motion for Supreme Court to Assume Jurisdiction pursuant to Tenn. Code Ann. § 16-3-201(d) and Tennessee Supreme Court Rule 48. Appellee filed an opposition to the motion on June 8, 2022.
Read the Tennessee Supreme Court’s order:
Read Robby Starbuck’s filings:
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