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.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.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.
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