On February 19, the 5th circuit asked Louisiana to respond to the Libertarian Party’s latest brief, in the case filed in 2008 over whether Bob Barr should have been on the ballot for President. The party had lost the case in the 5th circuit on January 21, 2010. However, the party had asked then for a rehearing before all the full-time judges of the 5th circuit. The case is Libertarian Party v Dardenne, 09-30307.
This development is good news for the Libertarian Party’s lawsuit. It is unusual for a rehearing request to get any response at all except a denial. The January 21 decision by three judges of the 5th circuit had said the case is moot.