Monday, October 20, 2008

Impressions From The Powell Case

I rarely rely on single, anonymous sources, however I did receive something from one that I consider impeccable. Also, the information is opinion and not fact. However, you as the reader should consider these factors.

According to the source, an observer (one learned in the law) at the Powell hearing indicated the Justices seemed inclined towards the Handel arguments.

The manner in which Justices question attorneys is usually an indicator of their thoughts, but not always. This may mean nothing or it may mean everything. We will have to wait and see.

UPDATE: The AJC has a good report on the hearing.

“We’ve had absentee and early voting and it’s been going on for three weeks,” said Justice Robert Benham. “Why is this not moot?”

That's a very good question. Here's the way it may go down. The Court hates to muck around in elections but also hates leaving statutory powers in limbo, so it may come down to which they hate more. If they decide since the election is already under way the matter is moot, Powell wins. If they decide to actually issue a ruling clarifying the law, Handel wins.

Either way, here's a tip for future candidates - for Gods sake, change your homestead before you qualify.


Anonymous said...

Funny how she could make a ruling against Jim Powell in this case, but couldn't be bothered to in a local case in Newton County that is exactly the same thing. Except this time it was a Republican who didn't move his homestead exemption. And bought the house with his Republican county commissioner father in a district that the current commissioner is vacating. Crazy how it works that way Karen... Sec. of State won't hear Fleming case

griftdrift said...

Ruby I'd have to dig back through that godawful residency statute again but I'm pretty sure Powell being a statewide race vs a local commission race makes a difference.

Anonymous said...

Hey Grift.

I'm sure it is pretty different, but she just flat out refused to even listen to any of it. It was most suspicious. It was my understanding that the Dem candidate asked the state party to advise him, he did exactly what they told him to do and was still shot down.

Just bringing it up as another example of the fine way our SOS is ruining, I mean running, that office. Really, don't get me started on that godawful website!