Patterico's Pontifications

12/29/2010

(Possibly Last) Joe Miller Update

Filed under: General — Aaron Worthing @ 10:41 am



[Guest post by Aaron Worthing; please send any tips here.]

Well, he lost again.  The Federal Court has dismissed his case entirely.  You can read the decision, here.  The short version is that the Federal Courts are not willing to accuse the state courts of judicial activism without pretty clear evidence.  Whatever you think of that, this is not unexpected from an institutional standpoint.

Miller might keep on fighting and I will keep half an eye open watching this.  But speaking for myself, I think this story is done and unless there is something big and surprising, I’m not going to post on it anymore.

As for Miller, I think it really is time to contemplate throwing in the towel.  I am not saying you are wrong, just that it looks increasingly like you have little chance of success.  You fought the good fight and if only because I hate nepotism, I was pulling for you.   But I think it’s time to give up.

[Posted and authored by Aaron Worthing]

2 Responses to “(Possibly Last) Joe Miller Update”

  1. This institutional deference makes the 7-2 SCOTUS verdict in Bush v. Gore all the more remarkable.

    I thought the whole point of lifetime appointments was for jurists to be unencumbered by fear of keeping the job. The gutlessness, in the main, by the Federal Judiciary in striking down BHO’s agenda is truly disgusting – especially in the bankruptcy courts where the law was totally ignored.

    Of course, Sarah Palin will never be given proper credit for her successful attacks on the very corrupt Alaskan Republican political machine.

    Ed from SFV (6edf50)

  2. In Florida, the state Supreme Court was blatantly defying the law, making it up as it went along. That’s not what happened here. The Alaska court’s reading of the statute may not be the only possible one, but it’s certainly plausible, and is in fact far more natural and logical than Miller’s reading. I don’t blame Miller for trying; I’d expect nothing less from him. He had a duty to all his supporters to take this as far as he could, and to argue any colourable case that would get him there.

    And he may still be on to something with the fraud allegations, but as the court said if he ever finds the evidence for that he can always take it to court and the state will just have to reissue the certification in the correct name. Without evidence, though, it’s a non-starter.

    Milhouse (ea66e3)


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