Friday, January 13, 2012

Federal Judge Rejects Perry/Gingrich Lawsuit Against Virginia

In an exquisite stroke of irony, federal district judge John Gibney rejected Rick Perry’s argument that Virginia’s state law governing the requirements for qualification on their presidential primary ballot were unconstitutional. This means that Rick Perry will not appear on the Virginia primary ballot, nor will Newt, Huntsman and Santorum be listed.

In his decision, this is what Judge Gibney had to say about Perry and others’ sense of timing:

Perry, ironically, sought an activist federal judge to overturn a state law, arguably a very restrictive law, so he could game the system and gain a place on the ballot. In his own state, his attorney general, Greg Abbott, is decrying the very same behavior of three federal district judges who redrew district maps to be used in this year’s primary election in Texas.

In Virginia, apparently, it is OK to trample on state laws and local policies, but in Texas it is treasonous.

“They knew the rules in Virginia many months ago. ... In essence, they played the game, lost, and then complained that the rules were unfair.”

1 comment:

Greg said...

I agree with the judge on this one -- but there is an interesting wrinkle in the opinion. He suggests that one aspect of the law, that paid circulators must be state residents, is likely unconstitutional -- but that there is no need to deal with the issue now due to the timeliness issue and the fact that it does not impact the failure of the campaigns to meet the signature totals.