Wednesday, December 29, 2010

Miller Considering Next Legal Steps

Joe Miller said in a press release sent overnight that his legal team believes that the Elections Clause and precedent support their legal claims and they are considering their next legal steps. The next most likely legal step for the Tea Party conservative would be an appeal to the Ninth Circuit Court of Appeals, which is the most liberal Appeals Court Circuit in the nation. There, his team would have to argue before three judges that Judge Beistline committed an error of law or made judicial errors in his ruling. Because only .01% of cases brought before the US Supreme Court are granted Certiorari, odds are 99.99% that the ruling from a Circuit Court appeal would be the final one.

"I am disappointed with the federal court's ruling today. The U.S. Constitution's Elections Clause presented the most significant constitutional issue. Specifically, should the courts be required to follow the legislature's standard for the selection of U.S. Senators or create their own? My legal team believes that the clear language of the Election Clause as well as precedent support our claims. Thus, we are evaluating the ruling and determining what our next step should be."

Complete Transcript: US District Court, District of Alaska: Miller v. Lieut. Gov. Mead Treadwell, in his Official Capacity, and State of Alaska, Division of Elections

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