Green v. Cruz (N.D. Ala.)

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bob
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Green v. Cruz (N.D. Ala.)

#1

Post by bob » Sat Feb 06, 2016 1:44 am

AL.com: Alabama residents' lawsuit claims Ted Cruz ineligible to run for president:
Five Cullman County residents – all supporters of Donald Trump – filed a federal lawsuit this week against 2016 Republican presidential candidate Ted Cruz, alleging that the Texas senator is ineligible for the presidency because he's not a natural born citizen.
The complaint.

Ob.: No standing.

H/t: Doc!


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Re: Green v. Cruz (N.D. Ala.)

#2

Post by Reality Check » Sat Feb 06, 2016 7:57 am

It's what you would expect from a bunch of Trump supporters. Amateur hour quality.


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Re: Green v. Cruz (N.D. Ala.)

#3

Post by Sterngard Friegen » Sat Feb 06, 2016 8:52 am

Rookie mistake -- assuming the Declaratory Judgment Act provides an independent jurisdictional basis for the suit.
JURISDICTION AND VENUE
4. This Complaint arises under the Declaratory Judgement Act, 28 U.S.C. section 2201.
Standing may be an impediment, but it has to get in line. The case will be dismissed with a citation to Skelly Oil Company v. Phillips Petroleum Company, 339 U.S. 667, 671-72 (1950).

:roll:



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Re: Green v. Cruz (N.D. Ala.)

#4

Post by Piffle » Sat Feb 06, 2016 9:25 am

Reality Check wrote:It's what you would expect from a bunch of Trump supporters. Amateur hour quality.
To say the least! Believe it or not, that piss-poor complaint was drafted and filed by an actual attorney by the name of Thomas E. Drake II of Cullman, AL.

As low-quality crackpots go, he looks to be the real deal. Here's another piece of his handiwork by which he sued the shit out of the local legal aid program. He also appears to have a losing record running for the legislature and Congress.

He's not to be confused with his more illustrious father, Tom Drake, whose long political career included two terms as speaker of the Alabama House. The elder "Tom" appears to be quite the colorful character having also wrestled professionally as "The Cullman Comet".



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Re: Green v. Cruz (N.D. Ala.)

#5

Post by Notorial Dissent » Sat Feb 06, 2016 10:54 am

What is the sudden nutbar fascination with Declaratory Judgement law now?


The fact that you sincerely and wholeheartedly believe that the “Law of Gravity” is unconstitutional and a violation of your sovereign rights, does not absolve you of adherence to it.

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Re: Green v. Cruz (N.D. Ala.)

#6

Post by Kriselda Gray » Sat Feb 06, 2016 10:57 am

Notorial Dissent wrote:What is the sudden nutbar fascination with Declaratory Judgement law now?
Trump said Cruz should go to court to get a declaratory judgement saying that he's eligible, so I suspect Trump's fans thought they could use the same thing going saying he isn't eligible.

The problem, of course, is that Trump's advice was bad, since the law doesn't quite work that way, IIRC.


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Re: Green v. Cruz (N.D. Ala.)

#7

Post by Sam the Centipede » Sat Feb 06, 2016 5:02 pm

Kriselda Gray wrote:
Notorial Dissent wrote:What is the sudden nutbar fascination with Declaratory Judgement law now?
Trump said Cruz should go to court to get a declaratory judgement saying that he's eligible, so I suspect Trump's fans thought they could use the same thing going saying he isn't eligible.

The problem, of course, is that Trump's advice was bad, since the law doesn't quite work that way, IIRC.
Yabbut you're not thinking like a winner, like a Trump. Trump probably thinks he or Cruz could walk into a court, and when the judge says "no, I can't do that", offer him a hundred thousand, no, a million dollars, to give to a charity of his choice if the judge will make the call.

Remember Trump's attempt to taunt Obama with (I paraphrase): "show me your papers boy, and I'll give money to a charity"?



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Re: Green v. Cruz (N.D. Ala.)

#8

Post by Tomtech » Sun Feb 07, 2016 5:18 am

Sterngard Friegen wrote:Rookie mistake -- assuming the Declaratory Judgment Act provides an independent jurisdictional basis for the suit.
JURISDICTION AND VENUE
4. This Complaint arises under the Declaratory Judgement Act, 28 U.S.C. section 2201.
Standing may be an impediment, but it has to get in line. The case will be dismissed with a citation to Skelly Oil Company v. Phillips Petroleum Company, 339 U.S. 667, 671-72 (1950).

:roll:
Can you decode that for those of us who didn't go to law school.


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Re: Green v. Cruz (N.D. Ala.)

#9

Post by Notorial Dissent » Sun Feb 07, 2016 7:51 am

As I read 28 U.S.C. section 2201 it would appear that the ruling has to be personal to the person seeking it.


The fact that you sincerely and wholeheartedly believe that the “Law of Gravity” is unconstitutional and a violation of your sovereign rights, does not absolve you of adherence to it.

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Re: Green v. Cruz (N.D. Ala.)

#10

Post by Sterngard Friegen » Sun Feb 07, 2016 9:32 am

Tomtech wrote:
Sterngard Friegen wrote:Rookie mistake -- assuming the Declaratory Judgment Act provides an independent jurisdictional basis for the suit.
JURISDICTION AND VENUE
4. This Complaint arises under the Declaratory Judgement Act, 28 U.S.C. section 2201.
Standing may be an impediment, but it has to get in line. The case will be dismissed with a citation to Skelly Oil Company v. Phillips Petroleum Company, 339 U.S. 667, 671-72 (1950).

:roll:
Can you decode that for those of us who didn't go to law school.

Primary Holding
If a declaratory action cannot be heard in federal court without relying on the Declaratory Judgment Act, the federal court cannot hear the case on that basis.

Facts
Phillips Oil Company agreed to provide natural gas to Skelly Oil Company. The parties arranged in their contract that the oil transmission would not begin until a certificate had been obtained from the Federal Power Commission. It was eventually issued with certain qualifications, but Skelly did not find out promptly that it had been issued, and it notified Phillips that it was terminating the contract. Using the Federal Declaratory Judgment Act, Phillips sued Skelly in federal court to establish that the proper certificate had been issued and that the contract should be enforced. It prevailed in the lower courts, but Skelly argued on appeal that the Declaratory Judgment Act was not an independently adequate basis for establishing jurisdiction.

https://supreme.justia.com/cases/federal/us/339/667/



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Re: Green v. Cruz (N.D. Ala.)

#11

Post by Reality Check » Sun Feb 07, 2016 10:51 am

They way I read the decision in Skelly Oil Company v. Phillips Petroleum Company is that the court has to have jurisdiction in the first place before it can render a declaratory judgement under 28 U.S.C. section 2201. Extending that to Green v Cruz the court doesn't have jurisdiction over whether Alabama allows Cruz's name to appear on the ballot therefore the case isn't eligible.


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Re: Green v. Cruz (N.D. Ala.)

#12

Post by Sterngard Friegen » Sun Feb 07, 2016 11:49 am

Yes, that's a better explanation than my attempts.



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Re: Green v. Cruz (N.D. Ala.)

#13

Post by Reality Check » Sun Feb 07, 2016 11:53 am

Sterngard Friegen wrote:Yes, that's a better explanation than my attempts.
:swoon: I was right? :dance:


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Re: Green v. Cruz (N.D. Ala.)

#14

Post by bob » Thu Feb 25, 2016 9:09 pm

Piffle wrote:Believe it or not, that piss-poor complaint was drafted and filed by an actual attorney by the name of Thomas E. Drake II of Cullman, AL.
The NALC spokesperson (J.B. Williams) said that Drake's complaint was the best of the bunch. And Drake will be a guest on the NALC show this Sunday.


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Re: Green v. Cruz (N.D. Ala.)

#15

Post by Sterngard Friegen » Thu Feb 25, 2016 9:46 pm

Does J.B. Williams also critique brain surgery? Or is that just slightly beyond his wheelhouse?

While the complaint expressly fails to demonstrate a valid jurisdictional basis for the court, it's not the complaint so much as the briefing that is usually important (assuming the complaint is competent, which this one is not). It's like judging a bottle of wine by the pretty design on the label.



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Re: Green v. Cruz (N.D. Ala.)

#16

Post by bob » Tue Mar 01, 2016 5:09 pm

Alabama is voting today. I havent' heard from this lawsuit since its filing, but Cruz is on the ballot.

:think:


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