This news story about the Carl Lewis ballot access lawsuit says that if Lewis doesn’t win in the U.S. District Court, he will immediately appeal to the 3rd circuit. The story also mentions that one of Lewis’ attorneys is a former State Supreme Court Justice from the New Jersey Supreme Court.

As noted before, the issue in Lewis v Guadagno is whether the New Jersey Constitution, requiring 4 years residency before running for State Senate, violates the U.S. Constitution. A state court has already ruled that Lewis doesn’t comply with the residency requirement. The U.S. District Court still hasn’t issued a final opinion. The election is November 8, 2011. New Jersey elects its legislators in November of odd years.