IWETHEY v. 0.3.0 | TODO
1,095 registered users | 0 active users | 0 LpH | Statistics
Login | Create New User
IWETHEY Banner

Welcome to IWETHEY!

New Federal court rejects effort to intervene.
http://www.bluevirgi...with-a-wet-noodle

So, as you probably know by now, the U.S. District Court for the Eastern District of Virginia has rejected the attempts of four Republican't candidates - Rick Perry, Newt Gingrich, Jon Huntsman, and Rick Santorum - to use liberal judicial activism sue to get their way on the Virginia Republican't primary ballot. That's not surprising, but the reasoning of the court is interesting. Click here for the complete ruling. A few key points:

1. The plaintiffs definitely have legal standing to sue, so the case is fine on that ground.
2. According to the court, Virginia's residency requirement for petition gatherers is likely to be declared unconstitutional, so the plaintiffs are on strong ground there.
3. The 10,000-signature requirement is found not to be a legal problem. According to the court, "No one can seriously argue that the rule is unduly burdensome." The plaintiffs would fail on that argument.
4. The court definitely finds that the plaintiffs will suffer irreparable harm from not being able to appear on Virginia's Republican primary ballot.
5. The public interest "weighs heavily in favor of the plaintiffs," as voters should have the "ability to cast a ballot for the candidate of her choice."
6. However, despite several strong arguments for the plaintiffs, their case was thrown out. Why? Because of something I'd never heard of previously: the "equitable doctrine of laches." This doctrine holds that if a plaintiff has "slept on its rights" by waiting too long to seek relief. As the court writes:

The plaintiffs could have challenged the Virginia law [many months ago]. Instead, they waited until after the time to gather petitions had ended and they had lost the political battle to be on the ballot; then, on the eve of the printing of absentee ballots, they decided to challenge Virginia's laws. In essence, they played the game, lost, and then complained that the rules were unfair.


In other words: Perry, Gingrich, Hunstman and Santorum are sore losers, emphasis on the word "losers." They failed to get on the ballot, then suddenly decided Virginia's rules were unfair, then came crying for some judicial activism (which they usually decry) on their behalf. For all of that heaping bowl of FAIL, according to the court, Perry/Gingrich/et al. deserve 50 "laches" with a wet noodle. Actually, the court didn't say that, but I thought it was a fun play on words, so what the heck. :)


A good ruling, and an entertaining report. :-)

That said, there are some weird things about Virginia's ballot access rules that need to be changed. http://www.sbe.virgi...imaryBulletin.pdf (4 page .pdf)

Cheers,
Scott.
New Interesting, no states rights arguments
Any opinions expressed by me are mine alone, posted from my home computer, on my own time as a free American and do not reflect the opinions of any person or company that I have had professional relations with in the past 55 years. meep
New Unusually clear ruling.

Static Scribblings http://staticsan.blogspot.com/
     Virgina ballot rules frustrate Republicans - (jay) - (11)
         GMTA. ;-) -NT - (Another Scott)
         I thought only Democrats committed voter fraud - (lincoln) - (2)
             He hired democrats to get the sigs -NT - (boxley) - (1)
                 couldn't get anybody to check the picture IDs? -NT - (lincoln)
         Virginia AG Cuccinelli throws himself in the mix. - (Another Scott) - (3)
             does the commonwealth provide funds to these primaries? - (boxley) - (1)
                 As I understand it, the primaries are the parties' business. - (Another Scott)
             And today he backs off. - (Another Scott)
         Federal court rejects effort to intervene. - (Another Scott) - (2)
             Interesting, no states rights arguments -NT - (boxley)
             Unusually clear ruling. - (static)

Thine is a mere venal sin which may be atoned: dast not move it very far or very often, or Ever! -- to the 7-11 for a Big G{ulp..} and a Lottery ticket. This be thy penance.
87 ms