The Late Las Vegas Lawsuit
16 January 2008 9:03 am by Taylor Marsh
The Late Las Vegas Lawsuit
Reported from Las Vegas, Nevada
John Kerry has a post up at TPMCafe that is a real embarrassment for him, and
not just because no one’s paying attention to it. It’s more evidence that Adlai’s
ghost just doesn’t get it. It seems he’s trying to get back from Nevada
what he screwed up in Ohio. Going after the lawsuit recently filed, Kerry’s
header is “let the people vote.” Many of us wish he had said that
in ‘04 and gone to the mat for people in Ohio, a state that had all sorts of
probems. But he was more interested in living to fight for himself another day.
Jeralyn at TalkLeft has an analysis of the suit that is exactly correct. The case has justified.
That said, I’ve come to the conclusion that it will likely be thrown out, but
not because it doesn’t have merit or “stinks” as some bloviating males
have judged. This Sun article puts it exactly right, I believe. It
was filed way too late. Because the truth is that teachers, who are named in
the suit, will be disenfranchised, not unlike many were in Iowa. Where was Kerry
and Obama there? At least Clinton has been consistent; she thinks the caucus
system disenfranchises across the board (my words not hers, obviously). In addition,
I’ve heard that the casinos are none too happy about this one, especially since
it’s a caucus and not just a quick vote. This puts a lot of pressure on workers,
with bosses watching their moves and the clock. What does Kerry say about the
teachers who can’t vote? How about so many others who can’t vote because they
have to work? It’s all about the casino workers, because they endorsed Obama.
That’s what bleeds through in Kerry’s post. But you almost feel sorry for him.
It’s clear he’ll never get over not fighting when he should have, so he fights
now to “let the people vote,” as long as it’s people who are voting for
his guy.
From the Sun:
U.S. District Court Judge James C. Mahan is to rule on the lawsuit Thursday;
his decision could reverberate throughout Nevada and the national political
contest.A doctrine allows courts to throw out a challenge if the person bringing
it has unduly delayed taking action, to the detriment of the opposing party.Called the doctrine of laches, “it gives the court the power to say,
even if a suit has merit, you’re bringing it up too late,” said
Richard Hasen, a professor specializing in election law at Loyola Law School
in Los Angeles.It appeared that the plaintiffs, another legal expert said, “just waited
too late in the day to entertain these types of issues.”The doctrine is meant to prevent last-minute litigation when rules could
have been challenged earlier, said Edward B. Foley, professor of law at Moritz
College of Law and the director of the election law program at Ohio State
University.“The court is likely to ask: Why couldn’t they have brought this
sooner? Why is it filed now?” … ..
