Gov. Brian Kemp’s Judicial Nominating Commission is reviewing applications of 29 nominees to fill the seat of Georgia Supreme Court Justice Keith Blackwell, whose plan to leave the bench in November has prompted the JNC’s search process—and litigation in Fulton County Superior Court.

On Monday Judge Emily Richardson rejected arguments by two lawyers, John Barrow and Beth Beskin, who wished to run for Blackwell’s seat in the May 19 election. Richardson held that Barrow and Beskin failed to show they had “a clear right” to compel Secretary of State Brad Raffensperger to conduct an election “when there is a legal vacancy in a position that will be filled by gubernatorial appointment prior to the beginning of the term for which the election would be held.”