Steve G.

Barr/LP win MA substitution case

In Libertarian on September 22, 2008 at 8:23 pm

BAN reports

On September 22, U.S. District Court Judge Nathaniel M. Gorton granted injunctive relief to Bob Barr and the Massachusetts Libertarian Party, and ordered them placed on the ballot. Barr v Galvin, 08-11340. The decision is eleven pages long. It says, “No public interest is served in having the wrong nominees on the ballot. Indeed, conversely, the public interest is advanced by including the right nominees on the ballot to avoid voter confusion. The Secretary asserts an interest in protecting the integrity of the election process but that interest is not threatened here.” 

  1. This makes what? 45 states?

    Good for thr LP.

  2. This makes what? 45 states?

    Good for thr LP.

    Yes.

  3. “No public interest is served in having the wrong nominees on the ballot. . .”

    By the same token, even though the “public interest” is awry in many, many ways, is the “public interest” served by Obama and McCain being OFF the Texas ballot? Barr’s campaign will likely applaud this decision, but balk at the Texas decision.

    I am however, skepical of just WHAT the interpretation is of the “public interest”, and WHO is doing the interpreting.

    Also, does “public interest” trump law? If so, why is there law? Why not have “public interest” as the deciding, or even sole factor for every adjudication?

  4. Steve asks:

    Also, does “public interest” trump law? If so, why is there law? Why not have “public interest” as the deciding, or even sole factor for every adjudication?

    Steve, it already does. I see it in legislation all the time where legislators rubber-stamp a “public health and safety” clause on a bill to prevent it from being challenged by voters. If the law trumped “public interest”, Kelo and raich never would have happened.

    Sad, but true.

  5. Besides, it is the “public interest” that dictates that applying the laws of Physics in a safe and proper manner is illegal (speed laws). Never mind that when teh laws are not applied properly (hitting something) is when there is really trouble.

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