Supreme Court denies Barr lawsuit

The lawsuit by Libertarian Presidential candidate Bob Barr to knock Barack Obama and John McCain off the ballot in Texas has been denied.

The Texas Supreme Court has denied Libertarian presidential candidate's Bob Barr attempt to keep the names John McCain and Barack Obama off the state's November ballot.

The court did not explain the reason for its decision Tuesday.

The ruling, in its entirity, reads:

THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:

08‑0761 IN RE BOB BARR, WAYNE ALLYN ROOT AND THE LIBERTARIAN PARTY OF TEXAS

So yeah, you could say they didn't explain themselves.

Mr. Barr, a former GOP congressman from Georgia, had argued in legal briefs that both major parties had failed to meet the state's Aug. 26 deadline for certifying their presidential candidates as they would appear on the Texas ballot.

[...]

Mr. Barr and his party had asked the Supreme Court to order the secretary of state to remove the Republican and Democratic ticket from the general election ballot, saying the language of the law was clear and unambiguous. He also contended both major parties had ample opportunity to seek remedy from the Legislature or the courts to change the deadline after knowing when the national conventions would be held.

The attorney general, representing the secretary of state, had argued that the request by the Libertarians was without merit because the secretary of state already had determined that the party's certification of their nominees for the ballot was sufficient.

Wes Benedict, executive director of the Texas Libertarian Party, said he interprets the Supreme Court decision as the judiciary saying "they're not going to enforce the law."

"Third parties, including the Libertarian Party around the country, have bee held to a higher standard. When we miss a deadline, we've been disqualified from the ballot," Mr. Benedict said.

But at least Barr got his name in the papers, which may be the last time that happens until the results start coming in. I won't be surprised to see the Lege address this ambiguity next session - that seems to be one of their primary functions these days. Sorry, Libertarians. Maybe next time.

Posted by Charles Kuffner on September 24, 2008 to The making of the President