Pennsylvania Greens Again Ask for Relief from 2006 Petition Costs

On January 15, 2009, the Pennsylvania Green Party’s US Senate candidate from 2006, Carl Romanelli, again asked the Commonwealth Court for relief from having to pay over $80,000 to the people who challenged his petition. Here is his brief. It mentions the constitutional issue, and argues that U.S. Supreme Court precedent suggests that voters and candidates cannot be charged for the costs of administering elections, particularly if they can’t afford it.

On January 21, the challengers filed a brief in response, but the response brief completely ignores the constitutional argument.

Constitution Party Wins Preliminary Victory in West Virginia Parks Petitioning Case

On January 16, U.S. District Court Judge John P. Bailey ruled that the lawsuit Constitution Party of West Virginia v Jezioro, no. 2:08-cv-61, should proceed to trial. The party had filed the lawsuit on April 18, 2008, against the state Division of Natural Resources, over whether the state was unconstitutionally preventing the party from circulating its ballot access petition in state parks. The Division of Natural Resources had then tried to get the case dismissed without a trial, but the Court issued a 17-page ruling saying that a trial is needed. Judge Bailey is a Bush Jr. appointee at the federal court in Elkins.

U.S. Supreme Court Denies Last Pending Berg Case

On January 21, the U.S. Supreme Court unsurprisingly denied Phil Berg’s request for a stay, in Berg v Obama, 08A505. That is the last aspect of that particular case that had been in the U.S. Supreme Court. Phil Berg has been the nation’s most energetic proponent of the idea that the Courts should examine President Obama’s qualifications.

South Carolina Bill for Registration by Party

Eight South Carolina Representatives have introduced H3140, a bill to set up partisan registration in that state. The sponsors are Garry Smith (R-Simpsonville), Dan Hamilton (R-Taylors), Wendy Nanney (R-Greenville), Eric Bedingfield (R-Mauldin), James Harrison (R-Columbia), William Wylie (R-Simpsonville), Michael Pitts (R-Laurens), and Jim Merrill (R-Charleston).

In the last twenty years, the only two states that have added registration by party are Rhode Island and Utah.

Commentary on Presidential Oath

Scotusblog has this commentary about the possibility that someone might want to sue over the fact that the words for the swearing-in oath for President Obama weren’t precisely in the order specified in the Constitution. The piece concludes that no one would have standing. Other stories in newspapers quote some legal experts as recommending that the oath be readministered. See this San Francisco Chronicle article. The redo could be done in private, and some experts even speculated that it has already been redone in private. Thanks to How Appealing for the links. UPDATE: on January 21, President Obama took the oath again, in a private ceremony. See this article.