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MS-Sen-B: Judge Rules with Democrats on Special Election

by: mississippiboy

Mon Jan 14, 2008 at 7:43 PM EST


(One for the good guys - promoted by DavidNYC)

Hinds County Judge Bobby Delaughter ruled a couple of hours ago that Governor Barbour (R) exceeded his authority in declaring the special election be held in November 2008 to fill former Senator Trent Lott's seat.

The Judge ruled that the special election will now have to be held on or before March 19, 2008!  Expect this to go to the state Supreme Court.

This is great news for state Democrats.  I'm sure Chuck Schumer is breathing a nice sigh of relief... for now.

For those unfamiliar with Judge Delaughter - who I know personally to be a great, fairminded judge - refer to the movie Ghosts of Mississippi.  Alec Baldwin does a good job playing Bobby.

mississippiboy :: MS-Sen-B: Judge Rules with Democrats on Special Election
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could the ms sc even come to a decision by then?
i don't know much about law, and i imagine this case would be pushed to the front of the line, but still, there's not much time to make a decision.

being normal is for the mediocre.

Isn't there an intermediate appellate court
In MS? I think it would likely go there first. Perhaps not.

[ Parent ]
So Wikipedia
Says:

All cases submitted for appellate review in the state are filed in the Supreme Court, which then re-directs the appropriate cases to the Court of Appeals and retains the cases over which it has exclusive jurisdiction. After the Court of Appeals makes its ruling, aggrieved parties in certain types of cases there may seek further review from the Mississippi Supreme Court by petitioning for a Writ of Certiorari.


[ Parent ]
MS Courts
The Circuit Courts are the final step before the state Supreme Court.

I have a gut feeling that the Supreme Court may be out to get us on this one.  If I had to look into my crystal ball, I think the final ruling will be 5-4 against the Attorney General.  Thus, the election will then be moved back to November.  The AG is going to have to pull a few all nighters to get their case nice and polished before they head to the Supreme Court.


[ Parent ]
Barbour's Decision
Who here thinks Barbour has the gonads to tell Judge whats-his-face to go f himself and to set the special election date for November 2008 anyway?

Gee, I dunno ...
Some committee chairperson might write him a strongly worded letter if he did that.  

[ Parent ]
Laest News: Going to the MS Supreme Court
A Circuit Court judge has upheld the lower court. And Gov Barbour indicates that he will abide by the state Supreme Court's ruling.

But the issue is far from settled, and Barbour made note of that in his response to Hinds County Circuit Judge Bobby DeLaughter's ruling.

"When I set the special U.S. Senate election for Nov. 4, 2008, I felt very strongly that it was the legal and appropriate action under the U.S. and Mississippi Constitutions and state law," Barbour said in a statement. "Nothing in this decision by the Hinds County Circuit Court changes that belief. As I have said all along, the final decision in this case will be made by the Mississippi Supreme Court, and I look forward to that decision."

The above from the Clarion Call Ledger by way of MyDD.


[ Parent ]
Chill Pill
Sorry, I need a chill pill. That MyDD story was reporting to day what was reported here at SSP yesterday. So "latest news" it is not!

However, I think the Barbour quote about respecting the future decision of the MS Supreme Court speaks to questions above about where this case goes in the system.

It also speaks to the concern that Barbour might ignore a court decision.


[ Parent ]
New Sec. of State
Let's also keep in mind that Mississippi has a new Secretary of State.  The new Secretary is now a Republican, who is replacing long-time Secretary of State Eric Clark (D).  Clark originally agreed with Governor Barbour's decision to hold the election in November 2008.  With a Republican now handling state elections, look for Barbour to have a closer ally.

[ Parent ]

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