Thursday, August 23, 2007

Recall Court Challenge

The attempt to recall Congressman Tim Walberg continues... From the Adrian Daily Telegram:
ADRIAN — A hearing on a court challenge to the recall effort against 7th District Rep. Tim Walberg, R-Tipton, is shaping up to be a one-sided constitutional argument.

Recall leader James R. Carr of Jackson said he will not be available for a Sept. 4 hearing scheduled in Lenawee County Circuit Court. And he is not planning to argue the case before a judge anyway.
Carr says that as far as he's concerned, he's following Michigan law to the letter. It's Walberg that needs to present an argument, because it's him that doesn't think state law applies.
Lenawee County Prosecutor Irving Shaw is defending the Lenawee County Election Commission in the lawsuit filed last week on Walberg’s behalf. But Shaw said he and the election commission have no position on the constitutional issues raised by Lansing attorney Eric Doster.

The election commission took no stand on whether the United States Constitution allows the recall of members of Congress when it approved Carr’s petition language on Aug. 6.

“All the state law and one attorney general opinion says is the (election) commission discharges its duty when it determines whether a recall petition language is clear,” Shaw said. The election commission has no authority to decide legal questions on conflicts of state and federal laws, he said.

The county election commission will follow whatever direction is given by the court, Shaw said.
In other words, Walberg will present his case-- that state law and the Tenth Amendment do not apply in this situation-- and the judge will rule solely on the merits of that argument.

And since Carr can't make it to the September 4 hearing:
Doster said Wednesday he is asking Judge Harvey A. Koselka to move up the hearing date on the motion for a preliminary injunction to allow Carr to attend but is opposed to any delays.

“I want this expedited. I want this decided yesterday, and Mr. Carr wants it decided yesterday,” Doster said.

Labels: , ,

Comments: Post a Comment

Subscribe to Post Comments [Atom]

<< Home


August 2006   September 2006   October 2006   November 2006   December 2006   January 2007   February 2007   March 2007   April 2007   May 2007   June 2007   July 2007   August 2007   September 2007   October 2007   November 2007   December 2007   January 2008   February 2008   March 2008   April 2008   May 2008   June 2008   July 2008   August 2008   September 2008   October 2008   November 2008