Thursday, October 30, 2008

Powell On The Ballot

Once again the Ginger Flash is too quick for your humble scribe.

The Georgia Supreme Court has ruled Democrat Jim Powell will be on the ballot as a candidate for Public Service Commission.

Not surprisigly as my legal sources had predicted, the ruling is based on "error of law". A little surprisingly, it was a unanimous ruling.

Can't wait to read the opinion.

UPDATE: Having now read the decision, I can honestly say it's a good one. They threaded the needle. I'll let the legal people get into the down and dirty analysis.

UPDATE II: You can read the decision for yourself here.


Sara said...

I'm trying to resist the urge to go all Brainy Smurf here.

Anonymous said...

sara, go for it.... or just wait for the opinion

Sara said...

Nah, I can resist the urge. I've personally wavered back and forth on whether I thought the SCOGA would side with Powell or Handel. I won't pretend I was a solid prognosticator on this one, even though my initial legal instincts turned out to be how the court ruled. Just as easily could've gone the other way, too.

Sara said...

The decision is a good one, and relatively simple so I don't think legalese-laden comments are necessary. Handel lost because the Court reiterated that interpreting statutes is the job of the judiciary, and they don't have to defer to administrative officers' interpretations. Her interpretation rendered much of the statute meaningless, and so the Court ignored it. It's a very sound rationale for the decision.

I'm most surprised there was no reference to mootness.

Anonymous said...

It's over. Time to move on.