I think that the likely outcome is that the Court hears the pleadings, grants Taylor’s request and remains silent on Kobach’s demand that the Democrat Party be made party to the action so that a replacement could be named. The media are all screaming about Kobach’s partisan moves, but I think that the Kansas Supreme Court is about to trump whatever Kobach has done, which is typical for that bunch of politcal hacks.
Kobach’s response to the Supreme Court, filed yesterday is here:
http://www.scribd.com/doc/239353264/Kobach-Response-Taylor-Lawsuit
I didn't think this was about naming a replacement. This was about dropping out so that he didn't split the Democrat vote against Roberts.
The likely outcome in any state is whatever benefits the Democrat candidate and harms the Republican candidate. That's why Democrats can argue in New Jersey to allow Torricelli to drop out and be replaced with Lautenberg, but allow Kansas to let Taylor drop out without being replaced; and allow the dead Carnahan to stay on the ballot in Missouri, and the dead Mink to stay on the ballot in Hawaii; and let Democrats cast illegal cross-over votes in Mississippi.
All in opposition to the law.
-PJ
Good thoughts, but keep in mind that the KSC may rise to their own indefense by snatching this case, and giving Kobach an opportunity to appeal any KSC decision to the Federal Courts or even certiorari to the Supremes.
If that happens, do-least-harm is the imprint of most 'I-want-off-the-ballot' decisions that reach the Supremes, reflecting a fairly constant thread before & after Bush v Gore (noting here that Bush v Gore itself is not citable): "Too Late, Tough S***".