Librace v. Martin [SoSoAR] (E.D. Ark.)

Post Reply
User avatar
bob
Posts: 23783
Joined: Sat Dec 05, 2009 12:22 pm

Librace v. Martin [SoSoAR] (E.D. Ark.)

#1

Post by bob » Tue Feb 09, 2016 3:26 pm

KARK: Lawsuit: Remove Cruz and Rubio from Ark. Ballot:
A lawsuit filed in U.S. District Court for the Eastern District of Arkansas seeks to remove Sen. Ted Cruz, R-Texas, and Sen. Marco Rubio, R-Florida, from the Republican primary ballot in The Natural State on March 1.

The lawsuit calls into question the citizenship of both Republican presidential candidates.

It states that Rubio was born in Miami to parents who were non-American and who were both on a U.S. Visa. The lawsuit also states that Cruz was born in Canada.

Filed on January 28, the lawsuit seeks a declaratory judgment holding that both Cruz and Rubio are not constitutionally eligible to be elected president and/or vice president of the U.S., court documents state.

The individual who filed the lawsuit, David Librace, said he is seeking an accelerated expedited decision in the case.

Librace's Facebook page states that he is also running for president. He has multiple posts related to the lawsuit.
The complaint.


Imagex5 Imagex2 Imagex3 Imagex2

User avatar
Sterngard Friegen
Posts: 43447
Joined: Wed Aug 05, 2009 12:32 am
Location: Over the drawbridge

Re: Librace v. Martin [SoSoAR] (E.D. Ark.)

#2

Post by Sterngard Friegen » Tue Feb 09, 2016 3:30 pm

:yankyank:



User avatar
bob
Posts: 23783
Joined: Sat Dec 05, 2009 12:22 pm

Re: Librace v. Martin [SoSoAR] (E.D. Ark.)

#3

Post by bob » Tue Feb 09, 2016 3:51 pm

Librace appears to be running as an "independent."

Librace's complaint alleges the sure-fire loser of "voter dilution." Librace does not allege that he will actually be appearing on the same ballot as Cruz or Rubio.

:mememe:


Imagex5 Imagex2 Imagex3 Imagex2

User avatar
Sterngard Friegen
Posts: 43447
Joined: Wed Aug 05, 2009 12:32 am
Location: Over the drawbridge

Re: Librace v. Martin [SoSoAR] (E.D. Ark.)

#4

Post by Sterngard Friegen » Tue Feb 09, 2016 4:12 pm

:roll:



User avatar
Reality Check
Posts: 14645
Joined: Fri Feb 20, 2009 8:09 pm
Location: USA
Contact:

Re: Librace v. Martin [SoSoAR] (E.D. Ark.)

#5

Post by Reality Check » Tue Feb 09, 2016 4:25 pm

When I saw this thread title I wondered why is

Image

suing

Image
? :rotflmao: I know, there is an "e" missing.


"“If you’re not outraged, you’re not paying attention.”

Heather Heyer, November 2016

User avatar
Reality Check
Posts: 14645
Joined: Fri Feb 20, 2009 8:09 pm
Location: USA
Contact:

Re: Librace v. Martin [SoSoAR] (E.D. Ark.)

#6

Post by Reality Check » Tue Feb 09, 2016 4:30 pm

This suit is filed pro se and pro bono
I am very impressed he is not paying himself. I am surprised Orly didn't come up with that line.


"“If you’re not outraged, you’re not paying attention.”

Heather Heyer, November 2016

User avatar
magdalen77
Posts: 5384
Joined: Fri Jan 04, 2013 1:43 pm
Location: Down in the cellar

Re: Librace v. Martin [SoSoAR] (E.D. Ark.)

#7

Post by magdalen77 » Tue Feb 09, 2016 4:32 pm

Reality Check wrote:When I saw this thread title I wondered why is

Image

suing

Image
? :rotflmao: I know, there is an "e" missing.
:yeah: I thought the same too also.



User avatar
bob
Posts: 23783
Joined: Sat Dec 05, 2009 12:22 pm

Re: Librace v. Martin [SoSoAR] (E.D. Ark.)

#8

Post by bob » Tue Feb 09, 2016 4:37 pm

:yeah: :lol:

* * *

Voeltz "dualer" chimes in:
The "Declaratory Judgment" part is an exact copy of the Fla. Complaint.
:crying: :crying: :crying:


Imagex5 Imagex2 Imagex3 Imagex2

User avatar
Slim Cognito
Posts: 4581
Joined: Fri Aug 29, 2014 8:37 am

Re: Librace v. Martin [SoSoAR] (E.D. Ark.)

#9

Post by Slim Cognito » Tue Feb 09, 2016 5:04 pm

:yeah:

I'm so disappointed.


ImageImageImage x4

User avatar
Orlylicious
Posts: 7405
Joined: Mon Apr 23, 2012 4:02 pm

Re: Librace v. Martin [SoSoAR] (E.D. Ark.)

#10

Post by Orlylicious » Thu Feb 11, 2016 4:15 am

Dino smoking in Lee's face :lol:
[bbvideo=560,315][/bbvideo]



User avatar
Mikedunford
Posts: 8955
Joined: Mon Dec 06, 2010 9:42 pm

Re: Librace v. Martin [SoSoAR] (E.D. Ark.)

#11

Post by Mikedunford » Thu Feb 11, 2016 5:39 am

I still can't get over the idea that a guy named "Martin" is about to be on the winning side of a birther case.


I believe that each era finds a improvement in law each year brings something new for the benefit of mankind.

--Clarence Earl Gideon

User avatar
bob
Posts: 23783
Joined: Sat Dec 05, 2009 12:22 pm

Re: Librace v. Martin [SoSoAR] (E.D. Ark.)

#12

Post by bob » Wed Feb 24, 2016 1:34 am

EoD: Recent developments in 2016 presidential eligibility challenges, Part I:
Friday, February 26: a federal judge in Arkansas will decide whether the plaintiff in Librace v. Martin can file in forma pauperis. (The Arkansas Secretary of State has argued that the plaintiff has filed multiple frivolous election cases before.)


Imagex5 Imagex2 Imagex3 Imagex2

User avatar
bob
Posts: 23783
Joined: Sat Dec 05, 2009 12:22 pm

Re: Librace v. Martin [SoSoAR] (E.D. Ark.)

#13

Post by bob » Wed Feb 24, 2016 10:33 pm

FOX: Cruz Granted Extension in Lawsuit that Seeks to Remove Him from Arkansas Ballot:
Republican presidential candidate Ted Cruz was granted an extension to respond to a lawsuit that seeks to remove him from the Arkansas Primary General Election ballot, court records state.

Judge Brian S. Miller granted the extension and gave the Texas senator until March 2 to file a responsive pleading to the lawsuit, according to court records.

* * *

A hearing for the lawsuit is scheduled for Friday at 4 p.m.
Arkansas' Republican primary is on March 1, i.e., the day before Cruz's pleading is now due.


Imagex5 Imagex2 Imagex3 Imagex2

User avatar
Mikedunford
Posts: 8955
Joined: Mon Dec 06, 2010 9:42 pm

Re: Librace v. Martin [SoSoAR] (E.D. Ark.)

#14

Post by Mikedunford » Thu Feb 25, 2016 4:16 am

bob wrote:FOX: Cruz Granted Extension in Lawsuit that Seeks to Remove Him from Arkansas Ballot:
Republican presidential candidate Ted Cruz was granted an extension to respond to a lawsuit that seeks to remove him from the Arkansas Primary General Election ballot, court records state.

Judge Brian S. Miller granted the extension and gave the Texas senator until March 2 to file a responsive pleading to the lawsuit, according to court records.

* * *

A hearing for the lawsuit is scheduled for Friday at 4 p.m.
Arkansas' Republican primary is on March 1, i.e., the day before Cruz's pleading is now due.
A pleading which will now heavily feature the word "moot."


I believe that each era finds a improvement in law each year brings something new for the benefit of mankind.

--Clarence Earl Gideon

User avatar
bob
Posts: 23783
Joined: Sat Dec 05, 2009 12:22 pm

Re: Librace v. Martin [SoSoAR] (E.D. Ark.)

#15

Post by bob » Tue Mar 01, 2016 5:25 pm

Mikedunford wrote:A pleading which will now heavily feature the word "moot."
:fingerwag:

The court dismissed (yesterday), before the suit could become moot. (An appeal, however, would now be moot.)

No standing:
Moreover, this is not the first time a plaintiff has challenged a candidate’s eligibilityto be President, and courts have consistently held that voters do not have standing to sue based on the “birther” argument. See, e.g., Berg v. Obama, 574 F. Supp. 2d 509, 518 (E.D.Pa. 2008)[.]
:thumbs:

Some other birther cases also cited.


Imagex5 Imagex2 Imagex3 Imagex2

Grumpy Old Guy
Posts: 1274
Joined: Sun Oct 11, 2015 10:24 am

Re: Librace v. Martin [SoSoAR] (E.D. Ark.)

#16

Post by Grumpy Old Guy » Tue Mar 01, 2016 7:41 pm

Cruz should thank the President for all the precedent cases that make dismissal easy.



User avatar
Sterngard Friegen
Posts: 43447
Joined: Wed Aug 05, 2009 12:32 am
Location: Over the drawbridge

Re: Librace v. Martin [SoSoAR] (E.D. Ark.)

#17

Post by Sterngard Friegen » Tue Mar 01, 2016 7:44 pm

Grumpy Old Guy wrote:Cruz should thank the President for all the precedent cases that make dismissal easy.
The lawyers challenging Cruz are saying the exact opposite to me. :blackeye:



Grumpy Old Guy
Posts: 1274
Joined: Sun Oct 11, 2015 10:24 am

Re: Librace v. Martin [SoSoAR] (E.D. Ark.)

#18

Post by Grumpy Old Guy » Tue Mar 01, 2016 7:54 pm

Sterngard Friegen wrote:
Grumpy Old Guy wrote:Cruz should thank the President for all the precedent cases that make dismissal easy.
The lawyers challenging Cruz are saying the exact opposite to me. :blackeye:
And they are losing.



User avatar
Reality Check
Posts: 14645
Joined: Fri Feb 20, 2009 8:09 pm
Location: USA
Contact:

Re: Librace v. Martin [SoSoAR] (E.D. Ark.)

#19

Post by Reality Check » Fri Mar 04, 2016 8:22 am

I read at Doc's that this one was dismissed.
A federal judge in Little Rock has dismissed a lawsuit challenging the eligibility of Republicans Ted Cruz and Marco Rubio to run for president on the grounds that they are not "natural-born" citizens of the United States.

U.S. District Judge Brian Miller heard arguments Monday by David Librace of Helena, who was contesting the eligibility of Cruz and Rubio and asking that they be removed from the ballot. Miller dismissed the action, agreeing with attorneys of the candidates and the Arkansas Secretary of State's office, which was also named as a defendant, that Librace did not have standing to bring action.

Miller noted that voters generally do not have standing to bring political issues to federal court because they cannot establish that they suffered a a particular or individual injury qualifying them as plaintiffs. Miller issued an order Monday officially dismissing the suit and denying the request by Librace, who has filed numerous political lawsuits in the past.
http://www.arkansasbusiness.com/article ... -on-monday


"“If you’re not outraged, you’re not paying attention.”

Heather Heyer, November 2016

Post Reply

Return to “State Ballot Challenges”