Washburn's World

My take on the world. My wife often refers to this as the WWW (Weird World of Washburn)

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Location: Germantown, Wisconsin, United States

I am a simple country boy transplanted from the Piehl Township in northern Wisconsin to the Milwaukee metropolitan area who came down "sout" in 1980 for college and have stayed in the area since.
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Monday, September 22, 2008

Too Big To Fail In Texas

Last Thursday Libertarian Presidential Candidate, Bob Barr, one one and lost one in his effort to have Texas Election Law enforced uniformly to all candidates. He lost his effort to prevent defective ballots from being shipped to military and overseas voters. The defective ballots began shipping last Saturday, September 20, 2008. He won in that the Texas Supreme Court did not throw out the motion for summary dismissal filed by the Texas Attorney General. Motions from the Texas Secretary of State, the Republican Party of Texas, and the Democratic Party of Texas in the case are due today

In his his petition for mandamus Bob Barr points out that such uniformity is required by the US supreme court under Bush v. Gore.

As I stated before the Texas courts will not render justice, enforce the law, and remove the Obama/Biden and McCain/Palin tickets from the ballots. On this Bailout Monday, it is important to remember that the Republican and Democratic parties are too big to fail.

So the question for me is how will the Texas Supreme Court ignore the law and give the R&D party a pass on obeying the law. My bet is laches. I predict the ruling of the Texas Supreme Court will be to dismiss the petition for a writ of mandamus on the grounds that the Barr campaign is guilty of laches.

The court will rule that because
  • the Barr Campaign waited a week to get the evidence from the Texas Secretary of State (August 26, to September 4, 2008)
  • Spent a week trying to convince the Texas SoS to obey the law( September 4, 2008 to September 11, 2008)
  • Spent a week to find a Texas attorney, research Texas Election Law, to file the motion (September 11, 2008 to September 16, 2008)
, the Barr campaign is guilty of laches; the campaign did not assert its rights in court soon enough.

In spite of the fact that
  • You cannot assert a tort until actual harm accrues (Barr was not harmed until the Texas SoS illegally certified the Obama/Biden and McCain/Palin tickets on September 3, 2008)
  • You cannot bring suit in court until all administrative remedies have been exhausted.
  • You must use a lawyer admitted to the Texas bar in order to file a motion in a Texas Court
, the ruling will be that the Barr Campaign needed to file its motion for a writ of mandamus earlier and than September 16, 2008. The filing will be ruled as untimely and be dismissed.

This will not be Justice, but it my bet this will be the ruling of the Court.


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