Jim Gordon
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« Reply #30 on: September 19, 2008, 08:55:10 pm » |
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Stabile has appealed the case to keep Bob off the ballot in PA. This guy and his boss McCCP is EVIL!!!!!!
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Mik
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« Reply #31 on: September 19, 2008, 09:19:54 pm » |
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Their attorneys said they would appeal from the word go, and the notice of appeal to the Pennsylvania Supreme Court has come through.
I really can't see any hope in the appeal, the ruling was quite devastating. I have a hard time believing the case will be heard with enough time to do anything about the ballot, but we'll see. Although we can never be sure how a court will rule, the evidence would have to be pretty compelling to overturn the previous ruling, and there is just no evidence there.
It is odd that the appeal appears to include the LP and LPPA in addition to Bob Barr, while the original petition was served only on Bob Barr. This resulted in the original petition being "dismissed" against the LP and LPPA for lack of "personal jurisdiction" of the court, and denied with respect to all respondents.
Mik Robertson
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bdively
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« Reply #32 on: September 28, 2008, 10:24:48 pm » |
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Is there another court date or is this just reviewed and decided?
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Mik
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« Reply #33 on: September 29, 2008, 02:08:57 am » |
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There is another court date where it will be reviewed and decided. Apparently the opposition is piling on the lawyers to try to overturn the Commonwealth Court ruling.
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Jim Gordon
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« Reply #34 on: September 29, 2008, 07:25:24 am » |
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I wonder if McCCP's people think we'll all vote for him if Barr is off the ballot? I know I won't!
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Mik
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« Reply #35 on: October 03, 2008, 12:28:21 am » |
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I believe the hearing on the appeal is set for Monday, Oct 6. I expect it will take some time for the court to rule, however.
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Mik
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« Reply #36 on: October 04, 2008, 11:34:52 pm » |
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It seems that some PA counties are delaying certification of their ballots pending the outcome of this appeal, hoping the decision comes quickly I would think. I know other counties have already certified the ballot with Barr on it.
The pressure to silence and shut out Barr put on by the McCain campaign is far and away the most intense ever faced by a Libertarian candidate. It is the only time in history that a Republican has tried to remove a Libertarian Presidential candidate from the ballot. Talk radio hosts are threatened with boycotts if they allow Barr on their programs. The Republicans have gone mad, I tell you, mad, hahahaha....
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bdively
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« Reply #37 on: October 05, 2008, 10:34:19 pm » |
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Hypothetically, if we lose this suit, do we appeal?
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Mik
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« Reply #38 on: October 06, 2008, 12:57:29 am » |
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The Supreme Court is the last stop for PA law. There would be no point to an appeal even if there were federal issues to resolve. There would be no time to restore Barr to the ballot. At that point some counties would likely have Barr on and some would not. If a ruling takes a week or so to be forthcoming, it is likely that most counties will certify their ballots with Barr on regardless of the outcome as time is running short.
Again, you can never tell how a court will rule, but there is just no evidence to reverse the Commonwealth Court ruling. Rochelle was never even called to the stand to testify in the hearing, so there is no direct testimony to review her intent. You only get one shot to make your case, and the objector did not make a very good case. There is only what was presented to review on appeal, I don't believe new arguments can be made unless some new evidence is uncovered.
The bottom line is that Judge Johnny Butler got it right, and it would be an enormous stretch for the Supreme Court to interpret the evidence differently, not that it cannot happen.
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djahn
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« Reply #39 on: October 06, 2008, 01:51:00 am » |
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As far as this case goes, Barr is the least of my worries. The final outcome of this case will effect how we conduct signature drives in the future, long after Barr is gone. I seem to recall Stretton raising a constitutional issue. If so, he may be laying the foundation for a federal appeal. I can't recall the issue he raised. It could have been the state constitution in which case that wouldn't help with a federal appeal. David Jahn The Supreme Court is the last stop for PA law. There would be no point to an appeal even if there were federal issues to resolve. There would be no time to restore Barr to the ballot. At that point some counties would likely have Barr on and some would not. If a ruling takes a week or so to be forthcoming, it is likely that most counties will certify their ballots with Barr on regardless of the outcome as time is running short.
Again, you can never tell how a court will rule, but there is just no evidence to reverse the Commonwealth Court ruling. Rochelle was never even called to the stand to testify in the hearing, so there is no direct testimony to review her intent. You only get one shot to make your case, and the objector did not make a very good case. There is only what was presented to review on appeal, I don't believe new arguments can be made unless some new evidence is uncovered.
The bottom line is that Judge Johnny Butler got it right, and it would be an enormous stretch for the Supreme Court to interpret the evidence differently, not that it cannot happen.
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David Jahn
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Mik
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« Reply #40 on: October 06, 2008, 02:08:18 am » |
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According to Richard Winger's site, the appeal is to be heard the week of October 6th, not necessarily on the 6th, as I had heard. http://www.ballot-access.org/Mik |
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bdively
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« Reply #41 on: October 06, 2008, 12:00:37 pm » |
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So is anyone attending and is this again being held in Philadelphia?
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Mik
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« Reply #42 on: October 06, 2008, 09:59:07 pm » |
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This will be in the Supreme Court Middle District, which is in Harrisburg I believe (434 Main Capitol Building?). Wouldn't it be odd if a favorable ruling came down just as Bob Barr was walking past on Wednesday?
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bdively
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« Reply #43 on: October 07, 2008, 04:39:54 pm » |
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And there is no word as to "when." And can ppl attend?
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Mik
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« Reply #44 on: October 07, 2008, 10:59:29 pm » |
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I have not heard a time. I believe the courts are open to the public. Maybe a call to the Middle District would tell us something.
Mik
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