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13 States ask U.S. Supreme Court to hear Arizona’s appeal in Nader case

From Ballot Access News:

On December 17, Montana’s Attorney General asked the U.S. Supreme Court to hear Arizona’s appeal in Brewer v Nader, the case in which the 9th circuit struck down Arizona’s early June petition deadline for independent candidates, and also struck down Arizona’s ban on out-of-state circulators. Here is a copy of the brief. The brief was co-signed by Alabama, Alaska, Colorado, Delaware, Florida, Idaho, Michigan, New Hampshire, Ohio, Oklahoma, South Dakota, and Wyoming.

This amicus brief is 26 pages long, just as long as the brief Arizona itself filed. Like the Arizona brief, the amicus focuses most of its fire on the issue of out-of-state circulators. It is odd that Alabama, Delaware, Florida, and New Hampshire signed the amicus, because those four states don’t bar out-of-state petition circulators.

The brief cites the U.S. District Court decision in Oklahoma last year that upheld the ban on out-of-state circulators. Ironically, the 10th circuit reversed that decision the very day after the amicus was filed.

13 Comments

  1. paulie cannoli Post author | December 25, 2008

    He hates “nerds” and always talks and thinks of himself as a “real man”

    He’s a macho, macho man. He was in the navy.

  2. GaryChartier December 24, 2008

    Eric, David Souter was appointed by Bush I. Stephen Breyer was appointed by Bill Clinton.

  3. paulie cannoli Post author | December 24, 2008

    We take no position on economic, or other, issues as a blog. Individual writers and commenters have their own positions. Most of both, at the moment, are libertarians – but there is no rule at IPR making it so, and we hope in the future to have more writers and commenters from all sorts of different political positions representing independents and alternative parties.

  4. Catholic Trotskyist December 24, 2008

    Eric, I know i’m commenting here a lot, but I’m not turning the entire site left. This site tries to be outside the left-right spectrum, but if it has any bias at all, its right-wing, at least on economic issues.

  5. paulie cannoli Post author | December 24, 2008

    Eric, you commented here just recently. Was someone impersonating you?

    https://independentpoliticalreport.com/2008/12/constitution-party-why-is-the-media-silent-on-the-obama-birth-certificate-question/#comment-27672

    https://independentpoliticalreport.com/2008/12/update-on-write-in-votes/#comment-27670

    https://independentpoliticalreport.com/2008/12/wayne-root-interviewed-by-eric-dondero/#comment-27667

    What do you mean you are not allowed to comment at IPR?

    Everyone who registers is allowed to comment here. Write [email protected] if you have any problems with your comment registration, tips for IPR, etc. You wrote us this morning, so I know you know how.

  6. paulie cannoli Post author | December 24, 2008

    Comment from Eric at NFV

    Cannoli, since I am not permitted to post comments to IPR, kindly do me a favor, and post the following over there in reaction to the posts slamming me:

    1. You all ever hear of the concept of a RINO (Republican In Name Only). Justice Brier is universally condemned on the Right as a turn-coat. He was appointed by Republican President Bush I in 1991, and then almost immediately turned Democrat. He votes with far left Ruth Bader-Ginsburg 99% of the time.

    2. The Judge in the first case in Oklahoma did criticize me. In fact, he criticized just about everyone involved in the case, witnesses, plaintiffs, lawyers, you name it. As a matter of fact, he saved his greatest vitriol for the AG Attorny, who he made personally apologize to me in the court room as the VERY FIRST ORDER OF BUSINESS, the next day of proceedings, for gross inaccuracies and lies she had stated about me. She said I was “Wanted in Colorado,” with a warrant. I’ll hand it to her. She did apologize in full to me in front of everyone in the court room. It was a very sweet moment indeed. But I notice nobody ever reports that part.

    3. Winger and others are trying to play this up as a “bi-partisan” deal. Yes, there are other AGs involved. But they are small potatos. This is coming from the Montana AG’s office, and no doubt Democrat Schweitzer. Winger himelf put the Montana AG in the heading of his article. It is the fact that he neglected to also list his Democrat affiliation, is what is most offensive to me.

  7. Trent Hill December 24, 2008

    “I don’t think that the photo is of out Trent Hill – looks a bit old. The claim about our headline mix is factually incorrect.”

    That photo isnt of me at all. That man is probably 5 years my elder and sporting a Hitler-stache, as well as super-nerdy–which is probably why Dondero used it. He hates “nerds” and always talks and thinks of himself as a “real man”–despite his incredibly 80’s mustache,lol.

  8. Fred Church Ortiz December 24, 2008

    I wonder how many of the AGs of those states are Republicans?

    BAN has added another post:

    If you live in one of the 13 states in which the Attorney General signed on to this amicus, you may wish to complaint to your state’s Attorney General. The 13 Attorneys General consist of these five Democrats: Mike McGrath of Montana (although he is is only in office for another week); Joseph Biden III of Delaware; Nancy Rogers of Ohio (although she is about to go out of office); Drew Edmondson of Oklahoma (who plans to run for Governor in 2010); and Bruce Salzburg of Wyoming.

    The eight Republican Attorneys General are: Troy King of Alabama; Talis Colberg of Alaska; John Suthers of Colorado; Bill McCollum of Florida; Lawrence Wasden of Idaho; Mike Cox of Michigan; Kelly Ayotte of New Hampshire; and Larry Long of South Dakota.

  9. paulie cannoli Post author | December 24, 2008

    “Libertarian Republican” blog reports on our cross-posting the BAN article….

    Trent Hill’s IPR, front for Soros, ACORN, and the Democrat Party?

    Nowheres in the entire piece does Winger mention the MT AG’s name or the fact that he’s a Democrat. Independent Political Report, edited by Trent Hill, does exactly the same in his piece. No mention that this is a Democrat-backed effort.

    Both on-line publications have had a history of extreme leftwing bias. They pretend to be advocates for free and fair elections, and increased ballot access for third parties. But their efforts and reporting is almost entirely Pro-Leftwing.

    Take a look at some recent headlines from IPR:

    – Libertarian Party: California case over gay marriage rights represents ills of direct democracy

    – D.C. Statehood Greens collecting ‘Shoes for Bush’

    – Gay rights supporters should protest Obama’s choice of antigay minister Rick Warren to deliver inaugural prayer…

    – Greens: Let US Iraq war resisters stay for Christmas

    – Enacting a single-payer health care program will boost the ailing US economy

    Pro-Initiatives/Ballot Access groups/press need to stop pretending they’re for all

    Green Party, and Socialist/Nader Party headlines at IPR outnumber Libertarian, and Constitution Party headlines almost two-to-one.

    I don’t think that the photo is of out Trent Hill – looks a bit old. The claim about our headline mix is factually incorrect.

    Our headlines are also edited above; we don’t do editorials, so the names of the parties are taken out of some of their press releases to make it sound like we were posting editorials of our own views.

    The brief was co-signed by Alabama, Alaska, Colorado, Delaware, Florida, Idaho, Michigan, New Hampshire, Ohio, Oklahoma, South Dakota, and Wyoming.

    I wonder how many of the AGs of those states are Republicans?

  10. JimDavidson December 24, 2008

    I wonder if BAN is planning to submit an amicus with these facts.

    If not, perhaps COFOE or BTP should do so. We might wait for hell to freeze over before the LP gets around to it.

  11. paulie cannoli Post author | December 24, 2008

    @ BAN, Richard Winger:

    Another dishonest aspect of the amicus brief is that it says the Arizona independent deadline was upheld by the Arizona Supreme Court in 2002. The deadline upheld in 2002 (in Harry Browne’s lawsuit) was not the same as the current deadline. The deadline in the 2000 election was June 29. Afterwards, the legislature twice made the deadline even earlier.

    Another funny aspect of the amicus brief is that all the presidential independent deadlines in the states that filed the amicus are between July 15 and September 8 (except for Colorado). So these states are arguing that a state needs a deadline as early as June 4 to get ready for the November election, and yet all but one of the amicus states have deadlines that are almost one and one-half months later! Their own practice contradicts their words.

    It is especially absurd for Alabama to have put its name on the amicus, because Alabama has a September 8 presidential independent deadline and Alabama lets out-of-staters circulate petitions. Anyone in Alabama ought to complain to the state Attorney General about Alabama’s participation in the amicus.

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