Thursday, March 03, 2016

Mullah Moody

In Iran candidates for office must first be vetted by religious leaders before they can stand for election. If a candidate is not sufficiently pious, the mullahs will strike his or her name from the ballot. In Arkansas we don’t need mullahs to keep infidels off the ballot; we have a federal judge to fill that role.

Judge James Moody, Jr. has ruled that the Secretary of State (an elected Republican) is justified in enforcing his "strong interest in preventing voter confusion by limiting ballot access to serious candidates." In a state where half the congressional elections are uncontested, and one in three state legislative races is unopposed, it hardly seems likely that there will be much voter confusion.

Just to make sure, Judge Moody stands ready, willing and able to insure that the poor voter is protected from all the hysteria and confusion of having two – or, horror of horrors, THREE - candidates from which to choose.

The mullah/judge can only get by with this kind of ludicrous ruling because the old parties have his back. For many decades the D’s and R’s have written laws that protect them from upstart political groups. After all, the Constitution of the United States guarantees Democrats and Republicans protection from Libertarians, Greens, Constitutionalists and other “unserious” candidates. Oh, wait. No, it’s not the Constitution that makes that guarantee. It is corrupt, political judges that do that.

That brings up the question, “Who IS a serious candidate?” Is it one who has a serious chance of winning? Is it one who takes his or her role in a vibrant republic seriously? Well, thank goodness, you and I don’t have to concern ourselves with such questions. We have Mullah Moody and the elected Democrats and Republicans of the state legislature and constitutional offices to tell us who is a serious candidate.

What Arkansas really need is an honest, serious jurist on the bench. Unfortunately Mullah Moody is a lifetime appointee, and he is a young man. We may have to wait a LONG time.

Above by Frank Gilbert, Libertarian candidate for U.S. Senate

Federal Judge James Moody Jr. recently ruled against the Libertarian party in a lawsuit over whether it was constitutional to force alternative parties to select their candidates before the Republicans and Democrats select theirs. They intend to appeal. I should add that I too am appealing a ruling from Judge Moody regarding his upholding a 2013 state law which effectively prohibits citizens from deciding during the filing period that they want to run for office as an independent, while Republicans and Democrats can wait to the very last day of the filing period to make their decision. 
These recent changes in election law are moves by the two establishment parties to force all candidate access to the ballot to go through them- no matter how many people are so disgusted by their behavior or realize that going through them is a futile way to effect real political change.

Defenders of the status quo appear to have a jewel in Judge Moody. In my suit he got my attorney to agree that the "facts" in the case were not in dispute, then ruled against us on the basis of a bare assertion that my lawyer did not really contest because it was barely mentioned in the state's 120 page plea and was not relevant. Once the judge got him to say the facts were not in dispute, he ruled against us based on the irrelevant "fact." Since we did not dispute the claim itself, only its relevancy, the idea is that we should not be able to address the truth or validity of the state's claim on appeal. The state says we can only address questions of law.

To give you an analogy to explain it, say a government official ran over somebody trying to cross the street in a crosswalk. They get to court and say "we were on our way to an important government meeting and it was vital we get there on time, so we could not stop for the pedestrian. We had to get there." The lawyer of the victim does not even challenge the assertion as to why the official ran over the pedestrian. The excuse was irrelevant, it didn't matter if they were on their way to a meeting, or how important it was. People have a right to not be run over by government officials. But imagine in this case the judge, after getting the lawyer to agree that the case was a matter of law not of fact, then decides that if there is an important meeting that the official must not be late to, that the state has an interest in making that happen which over-rides the pedestrian's right not to be run over if they get in the way.

We knew all along that the meeting was not very important at all, and it started so late that they could have easily made it on time driving at a safe speed. We just did not spend any time worrying about it because it was so obviously irrelevant. The judge somehow decided that is was relevant, and now the state says "on appeal you can't talk about whether or not we had plenty of time to get to that meeting because you did not contest our comment about the meeting being important." Since we did not "contest" the original irrelevant fact the first time we can't challenge on it later. Pretty slick eh?

There is a long-term battle going on to protect the American people's freedom of political expression from Republicrat's attempts to reduce it. In Arkansas me and a few others at Neighbors of Arkansas are fighting this battle for the people of the state. Republicrat response to increasing dissatisfaction with their misrule is to make it legally harder and more complicated to attempt to get candidates to the ballot unless they are run through their corrupt, DC-based and globally funded private political clubs. Even while most Americans are still clamoring for this duopoly to act in their interests, the duopoly constantly acts in its own interests. Meanwhile, a few who see the truth are trying to keep the duopoly from effectively legally closing the door to going around them before most people even catch on to the truth- if we want to really be self governing people, we are going to have to go around them.


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