[img_assist|nid=2231|title=Justice Souter|desc=U.S. Supreme Court Justice David Souter has jurisdiction over the Hoffman case.|link=none|align=left|width=150|height=194]Herb Hoffman, an independent hoping to run for U.S. Senate, claims his First Amendment rights were violated when the Maine Supreme Court ruled against him last month.

The decision disqualified him from the ballot, but according to his campaign he hasn't been removed yet.

It’s not certain if the Court will hear the case, however Justice David Souter has acknowledged the petition and has requested several briefs in response to the petition that were filed today.

Souter oversees emergency petitions from this region.

The Hoffman petition could be considered in two stages, one contingent on the other.

The Maine Democratic Party challenged Hoffman shortly after he filed his petitions with the Secretary of State’s Office in early June. Under the name of Chairman John Knutson, the party argued that Hoffman did not personally witness all of the signatures, but signed the oath on the back of the sheet.

The party brought forth three witnesses who testified that it was not Hoffman who presented the petition to them. Under the oath, this meant the entire petition sheet should be invalid.

The Secretary of State ruled with Hoffman, and the Maine Superior Court upheld this ruling. The Maine Supreme Court overturned the lower court’s decision.

The first step in the appeal to the U.S. Supreme Court is to request a stay of the state’s Supreme Court decision. This would leave Hoffman on the ballot until the Court makes a further decision.

Hoffman, Knutson and the Secretary of State all met the deadline for a response today.

John Branson, attorney for Hoffman, said a similar motion is pending before the state Supreme Court, but said it will probably get rejected there.

Branson said Souter requested briefs from all parties asking what would happen if the Maine Supreme Court decision was stayed. For both Branson and the Secretary of State, the answer was simple – a stay would keep Hoffman on the ballot as the case plays out.

The Secretary of State has requested an answer by Aug. 29 so they can get the ballot design finalized. They agree with Hoffman on the effects and consequences of the case.

Party spokeswoman Rebecca Pollard confirmed that they filed a brief today, but offered no further comment.

If a stay is granted, then Souter will likely request a cert petition immediately, and it will be expedited. If a stay is not granted, there would not be much point in moving forward, given the cost involved.

“They won’t grant a stay if we don’t have a good chance of prevailing,” Branson said. “He (Souter) has to get there in order to give us a stay. He’s not going to place Hoffman on the ballot lightly, (if he does) it will be because the dynamics are strong.)

EARLIER on PolitickerME.com:

• Dems take Hoffman challenge to court
• Justice recuses himself from Hoffman case
• Hoffman case: A tale of three petitions
• Superior Court sides with Hoffman
• High court hears from Hoffman, Dems
• Dems succeed – Hoffman off the ballot
• Hoffman may bring case to federal court
• After losing case, Hoffman turns to U.S. Supreme Court