On September 9, U.S. District Court Judge Irene Berger refused to combine Kanye West’s ballot access case with Marshall Wilson’s case. Kanye v Warner, s.d., 2:20cv-570. Here is her 3-page order.
Marshall Wilson’s case involves petitioning relief due to the health crisis. Kanye West’s case involves due process, specifically if a candidate whose petition is rejected for not having enough valid signatures must be given a chance to double-check the work of the election officials who rejected it.
If the defendant, the Secretary of State, wanted to combine the cases, does that mean that both cases are still open? i.e., is Marshall Wilson’s case still open? It makes sense that the motion was rejected since the cases are apples and oranges, but I do not understand Mr. Warner’s motive.
Although Marshall Wilson was denied injunctive relief at his oral argument, he could still win declaratory relief. His case is still pending.
NO times mentioned with 5 and 14-1 Amdts *due process* —
derived from olde 1215 Magna Charta, c.29.
DP revived in England in Parliament vs Monarchs power struggle in 1600s – esp Habeas Corpus – LIBERTY [USA Const 1-9-2].
Lots of olde specific judicial *process* — see 1760s Blackstone’s Commentaries
— before modern ONE form of Civil Action — 1848 NY Field Code [Law] – later 1938 USA Rules.
Having periodic elections — one of the very few things State/DC govts MUST do.