The justices declined to review the case, saying a final judgment had yet to be made by a lower court.
Maine’s Supreme Court on Wednesday rejected an appeal by the state’s top election official to review her decision to ban former President Trump from Maine’s presidential primary ballot.
The state’s high court rejected the appeal by Secretary of State Shenna Bellows and has sent the case back for further action, pending a similar case in Colorado under review by the U.S. Supreme Court.
The justices said in their written decision that they adhere to a final judgment rule that “requires a trial court’s decision to be final before we consider an appeal.”
“We would run a high risk of issuing an advisory opinion if we decided the matter on the merits before a final judgment has been entered,” the justices wrote in their decision.
The final judgment rule streamlines judicial proceedings, preventing delays and duplications, and saves appellate courts from deciding on issues that may ultimately be rendered moot.
Last week, the Kennebec County Superior Court ruled that Ms. Bellows’ decision to remove President Trump will have to wait until the U.S. Supreme Court makes a decision on President Trump’s appeal that he should be included on Colorado’s ballot.
Ms. Bellows appealed the Superior Court decision last Friday. However, on Wednesday, the Superior Court’s decision was not considered a final judgment by the justices. They have therefore declined to weigh in on it.
Additionally, they dismissed an argument presented by Ms. Bellows, stating that adhering to the Superior Court’s order might cause confusion among voters during the primary.
“Indeed, there is at least as great a risk of additional process and delay if we consider this appeal and reach an ostensibly final decision, and then the Supreme Court’s decision makes additional court or administrative action necessary to comply with the federal law it announces with no clear path for resolution,” the decision reads.
This is a developing story.
Original News Source Link – Epoch Times
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