Kevin Gaughen has posted on X, formerly known as Twitter, ‘I am gauging interest‘ and poses a question:
“Should Libertarian Party members file a derivative lawsuit against the Libertarian National Committee for the purpose of removing malfeasant, Mises-installed board members and regaining control of the party?“
For the curious, a derivative lawsuit exists so that the members (broadly interpreted) of an organization can save the organization from a rogue board of directors. Gaughen explains this:
Basically, you need 50 members of the libertarian party to file a lawsuit. If the court allows the action to proceed, the 50 plaintiffs then acting as the corporation, and their request will be for the court to remove malfeasant board members.
I thought Kevin was busy with the Keystone Party now.
1. It won’t work. I’ve seen this happen multiple times in the GOP. Granted, not nationally with the RNC, but locally. The courts will virtually always choose to NOT interfere in the internal operations and governance of a political party. It’s an extremely high threshold to get their involvement. You would likely, at minimum, need to definitely prove outright fraud in the actual election of the board and/or that the board is conspiring to operate a fundamentally criminal enterprise (like a RICO case, which was meant to go after the mafia). Almost 0% chance that happens here.
2. Libertarians running to the courts to resolve their problems? Could there be a WORSE example of libertarianism to the public? Organize your delegates and win on vision. Relying on the courts is shameful.
What “Nolan’s Duty” said.
The suit as described sounds like a less frivolous version of the “LNC seeks to become conservators of elderly major party politicians” stunt.
I think there’s merit to filing this lawsuit. Even if you can’t get a resolution through the courts, this should embarrass the queen and her supporters to resign or be more willing to make a deal at national convention.
The money spent on lawyers would be better spent on supporting like-minded members going to Washington, D.C. on Memorial Day weekend next year, and then you just win an election.
It would have had to have been done much earlier, if at all. By the time a court decision is ready to be made on this it will be close to the convention and the judge will just say wait for the convention.