{"id":1739,"date":"2004-05-11T09:45:42","date_gmt":"2004-05-11T14:45:42","guid":{"rendered":"http:\/\/www.thecarpetbaggerreport.com\/archives\/1739.html"},"modified":"2004-05-11T09:45:42","modified_gmt":"2004-05-11T14:45:42","slug":"a-couple-of-political-lawsuits-to-watch","status":"publish","type":"post","link":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/a-couple-of-political-lawsuits-to-watch\/","title":{"rendered":"A couple of political lawsuits to watch"},"content":{"rendered":"<p>Two political lawsuits were filed yesterday, both of which were fairly predictable, but will nevertheless be worth watching.<\/p>\n<p>First, in Texas, a certain former consumer advocate was trying to qualify for the state&#8217;s presidential ballot as an independent. He tried to collect the necessary number of signatures, but failed. As a result, he did what any red-blooded American would do under the circumstances &#8212; <a href=\"http:\/\/www.sanluisobispo.com\/mld\/sanluisobispo\/news\/politics\/8630921.htm\">he filed a lawsuit<\/a>.<\/p>\n<blockquote><p>Independent presidential candidate Ralph Nader sued Texas&#8217; top election official Monday to try to get onto the state&#8217;s ballot, claiming that a petition signature requirement is unconstitutional.<\/p>\n<p>His lawsuit was filed in federal court in Austin only a couple of minutes before the court clerk&#8217;s office closed for the day.<\/p>\n<p>Nader&#8217;s campaign submitted an application with the Texas Secretary of State&#8217;s Office for a place on the general election ballot but said it wouldn&#8217;t turn in the more than 50,000 voter signatures it had collected.<\/p>\n<p>The campaign had to collect at least 64,076 signatures by 5 p.m. Monday from registered voters who did not vote in the Democratic or Republican primaries. That equals 1 percent of all votes cast for president in the last election in Texas.<\/p>\n<p>The petition signature requirement and the 60-day timetable for collecting the signatures are &#8220;an unconstitutional and discriminatory burden as applied to Independent candidates in the State of Texas,&#8221; Nader&#8217;s campaign manager, Theresa Amato, wrote in a letter to Texas Secretary of State Geoffrey Connor.<\/p><\/blockquote>\n<p>The suit might have a little more credibility if it was filed <i>before<\/i> the campaign failed to meet the state&#8217;s standards. Nader&#8217;s staff knew the threshold, tried to meet it, but couldn&#8217;t generate the support. If this was really about the principle, and they recognized all along that the requirements were unfair, why not file the lawsuit before?<\/p>\n<p>Likewise, a Nader spokesman said the state&#8217;s standards &#8220;make it impossible for independents to get on the ballot.&#8221; If that&#8217;s true, why were Ross Perot and Pat Buchanan able to meet the same standards in the last three presidential elections?<br \/>\n<!--more--><br \/>\n<a href=\"http:\/\/www.firstamendmentcenter.org\/news.aspx?id=13321\">The other suit<\/a> comes as a result of two journalists having their tape recorders confiscated by a federal marshal at an event featuring Antonin Scalia.<\/p>\n<blockquote><p>The Associated Press and the Hattiesburg American filed a lawsuit today against the U.S. Marshals Service over an incident in April in which a federal marshal erased reporters&#8217; recordings of a speech Supreme Court Justice Antonin Scalia gave to high school students.<\/p>\n<p>[&#8230;]<\/p>\n<p>&#8220;It&#8217;s been more than a month since this happened, and we&#8217;re still angry about it,&#8221; said Dave Tomlin, AP assistant general counsel. &#8220;People who enforce the law should know what the law is, and especially the basic law that says citizens can&#8217;t be shaken down by their own government.&#8221;<\/p><\/blockquote>\n<p>I&#8217;m a little skeptical about whether the suit will be successful, but at a minimum, it may prevent similar abuses in the future.<\/p>\n<blockquote><p>Gary L. Watson, president of the newspaper division of McLean, Va.-based Gannett Co., owner of the Hattiesburg American, said in a statement that taking legal action was necessary.<\/p>\n<p>&#8220;It is ironic this seizure took place while Justice Scalia was making a speech about preserving the Constitution,&#8221; Watson said.<\/p>\n<p>&#8220;Given the federal government&#8217;s very tough stance on those who violate the law, the Marshals Service and Deputy Rube must be willing to taste their own medicine,&#8221; Watson said. &#8220;An apology or a hollow commitment to study the issue will not suffice nor serve as a meaningful deterrent to prevent any repeat performances.&#8221;<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>Two political lawsuits were filed yesterday, both of which were fairly predictable, but will nevertheless be worth watching. First, in Texas, a certain former consumer advocate was trying to qualify for the state&#8217;s presidential ballot as an independent. He tried to collect the necessary number of signatures, but failed. As a result, he did what [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[617],"tags":[],"class_list":["post-1739","post","type-post","status-publish","format-standard","hentry","category-general"],"_links":{"self":[{"href":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/wp-json\/wp\/v2\/posts\/1739","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/wp-json\/wp\/v2\/comments?post=1739"}],"version-history":[{"count":0,"href":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/wp-json\/wp\/v2\/posts\/1739\/revisions"}],"wp:attachment":[{"href":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/wp-json\/wp\/v2\/media?parent=1739"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/wp-json\/wp\/v2\/categories?post=1739"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/wp-json\/wp\/v2\/tags?post=1739"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}