On September 5, a U.S. District Court declined to force the city of Warren, Michigan, to let its Mayor, James Fouts, run for another term. Fouts v Warren City Council, e.d., 2:23dv-11868. Here is the opinion.

The city’s term limits law for Mayor was changed twice in the past. It went from allowing three terms, to allowing five terms, and then back to allowing only three terms. Fouts has already served four terms. After the Michigan state courts interpreted the term limits law to apply to this year’s election, Fouts filed a federal case, alleging that the restriction violates the U.S. Constitution, because the change could be said to have applied retroactively to him. The U.S. District Court agrees that Fouts has a right to go to federal court, because the issues in his federal case are different than the issues in his state case. But he said the U.S. Constitution does not protect Fouts from the term limits law, despite the apparent retroactive application to him. Thanks to Thomas Jones for this news.

As to the argument that Fouts filed his federal case too late, the court said there is no need to discuss that issue, given its analysis of the main issue. The federal lawsuit was filed only a few days before the August 8 primary.

The Constitution Party holds a national committee meeting in St. Louis, Oct. 20-21. On October 21, much of the time will be given to a talk by General Michael Flynn, who was President Donald Trump’s first National Security Advisor.

On September 5, the New York Green and Libertarian Parties filed this reply brief in the U.S. Supreme Court, in the ballot access case. The court will consider whether to hear the case at its September 26 conference.