Posted by
Ron Devito on Wednesday, December 29, 2010 6:40:36 AM
Joe Miller said in a press release sent overnight that his legal team
believes that the Elections Clause and precedent support their legal
claims and they are considering their next legal steps. The next most
likely legal step for the Tea Party conservative would be an appeal to
the Ninth Circuit Court of Appeals, which is the most liberal Appeals
Court Circuit in the nation. There, his team would have to argue before
three judges that Judge Beistline committed an error of law or made
judicial errors in his ruling. Because only .01% of cases brought before
the US Supreme Court are granted Certiorari, odds are 99.99% that the
ruling from a Circuit Court appeal would be the final one.
"I am disappointed with the federal court's ruling today.
The U.S. Constitution's Elections Clause presented the most significant
constitutional issue. Specifically, should the courts be required to
follow the legislature's standard for the selection of U.S. Senators or
create their own? My legal team believes that the clear language of the
Election Clause as well as precedent support our claims. Thus, we are
evaluating the ruling and determining what our next step should be."
Complete Transcript: US
District Court, District of Alaska: Miller v. Lieut. Gov. Mead
Treadwell, in his Official Capacity, and State of Alaska, Division of
Elections