Hoffman decision denied by U.S. Justice Souter

Herb Hoffman’s application to the U.S. Supreme Court was denied today.

Hoffman went to the Court in hopes of getting a stay on a recent Maine Supreme Court decision that invalidated enough of his signatures to take him off the ballot.

He had filed to run for U.S. Senate as an independent against incumbent Sen. Susan Collins (R-Bangor) and U.S. Rep. Tom Allen (D-Portland).

The Maine Democratic Party challenged his signatures on the grounds that he did not personally witness each one. The party’s case lost in a hearing with the Secretary of State’s office, and again in Superior Court, but won in the state’s high court.

According to the U.S. Supreme Court, there are four criteria used to grant a stay: “Reasonable probability” that four Justices will grant cert, that there is “fair prospect” that the Court will reverse the previous decision, that irreparable harm will result from a denial, and possible harms to the parties involved and the public.

The case had been referred to Justice David Souter. Since the petition was denied by a single justice, the petitioners may reapply to any other Justice, and may continue to do so until a majority of the Court has denied his application.