On January 27, the Eleventh Circuit said that it wants oral argument in Cowen v Raffensperger, 19-14065, even though neither side had requested it. This is the case that challenges the Georgia petition requirement for U.S. House independent and minor party candidates.
U.S. District Court Judge Leigh May had upheld the law last year, saying that the plaintiffs presented much robust evidence, but because the Eleventh Circuit had upheld the law in the past, she didn’t feel free to reach a contrary decision, despite new evidence.
The Eleventh Circuit had upheld the law in 2010. Although the Eleventh Circuit in 2010 understood that no U.S. House independent petition had succeeded in Georgia since 1964, the Eleventh Circuit said maybe that was because no one had tried. But the new case has evidence that twenty individuals tried very hard to qualify, and all failed.
Yet another chance to detect EQUAL in 14-1
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Also, the following basic points have not been properly noticed —
(1) there is ONE class of electors in a general election,
(2) there is ONE class of candidates on the general election ballots (i.e. a candidate is on or off the ballots) and
(3) each general election for each office is NEW and has ZERO to do with any prior general election — for such office (or any other office) — or any other thing since 4 July 1776 — EXCEPT the number of actual voters at the prior general election in the election area of the office involved — for having EQUAL nominating petitions at the next election.
A-L-L ballot access cases have failed to note such basic points including —
Williams v. Rhodes, 393 U.S. 23 (1968)
Jenness v. Fortson, 403 U.S. 431 (1971),
American Party of Texas v. White, 415 U.S. 767 (1974),
Munro v. Socialist Workers Party, 479 U.S. 189 (1986),
Norman v. Reed, 502 U.S. 279 (1992) and
New York State Board of Elections v. Lopez Torres, 552 U.S. 196 (2008).
[I.E. suggest/demand that ALL of the cases beginning with Williams be overruled.]
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A mere 52 years of SCOTUS JUNK ops.
Jenness JUNK from GA – same rot law in current Cowen case.