Court Throws Out GOP Effort to Quash Trooper-Gate

[Fuzz]

The Alaska Supreme Court has rejected the effort by Republican legislators to quash the Trooper-Gate investigation, affirming the decision of a lower court last week.

Details from the ruling to follow...

Update: The court wrote: "The order of the superior court issued on October 2, 2008 granting the Motion to Dismiss is AFFIRMED. An opinion will follow."


http://tpmmuckraker.talkingpointsmemo.com/2008/10/court_throws_out_gop_effort_to.php

[ladjf]

1. That is good news and speaks well for the Alaska Supreme Court.

Occasionally, justice is served.

[Fuzz]

3. Hopefully. The decision should come out tomorrow then, right?

[ladjf]

5. Yes. And another poster said that this case couldn't be heard

by the SCOTUS. I don't know whether the poster was right or not.

[Blue_In_AK]

8. I don't believe the US Supreme Court can hear this.

It was filed in state court. SCOTUS cases have to come up through the federal system is my understanding. There were no federal issues involved here.

[fascisthunter]

2. If Only the Court Said, "Get da F*ck atta here....."

[ColbertWatcher]

4. When does it go to the Scalia Gang? n/t

[Blue_In_AK]

10. I don't think Scalia, et al.

can here this. It was a state matter, and the original suit wasn't filed in federal court. They have no jurisdiction.

I'm sure the Liberty Legal Institute is trying to think of some way, but they can't get it done before tomorrow when Branchflower's report is due, that's for sure.

[ColbertWatcher]

11. The problem is the GOP can drag it to the Supremes if it suits them.

If they can find no state court that will rule in their favor, they can keep appealing until it gets to a court that will rule in their favor (the Supremes)

Of course, their belligerence regarding this case has nothing to do with justice and everything to do with running out the clock.

[Blue_In_AK]

12. They would have to file a whole new lawsuit

in the U.S. District Court here in Anchorage, which wouldn't do anything to stop the state proceedings that are going forth. Not to say they wouldn't try, but I don't think they can stop Branchflower from releasing his report tomorrow. The federal court has no jurisdiction in a state court matter.

[ColbertWatcher]

13. Of course, you're right, but this is the GOP we're talking about here!

What's legal and what they'll do are two different things!

LOL!

[CitizenPatriot]

6. WTF? Is this the beginning of Justice, Toto?

I've been following the yellow brick road for so long. Lost and cold and hungry.

suddenly, in one week, OJ is in jail and now this?

I'm so confused! this isn't the America I've been living in for the past 8 years!

[Blue_In_AK]

7. Here it is from Celtic Diva

http://divasblueoasis.com/showDiary.do?diaryId=164

THE ALASKA CONSTITUTION WINS! I LOVE our constitution. :)

Mudflats is on it, too. http://mudflats.wordpress.com/2008/10/09/supreme-court-refuses-to-block-troopergate-investigation/

(AKMuckraker slumps down in the chair with a giant exhale of breath, immediately followed by a rush of feel-good brain chemicals)

OK, I kept telling myself that I wasn’t worried. I trust the Alaska Supreme Court. I have lawyer friends who told me there was nothing to worry about. And I very convincingly told others I wasn’t worried. But after hearing the good news, I realize that….yes….I was worried.

Whew.

The Alaska Supreme Court today rejected an attempt by a group of six Republican legislators to shut down the Legislature’s investigation of Gov. Sarah Palin.

The ruling means that Steve Branchflower, the investigator hired by the Legislative Council, will release his report as scheduled on Friday.

Read the ruling HERE.

An opinion from the court will follow.

This is one hurdle overcome, but remember, the Legislative Council still needs to vote to release the results of the report to the public. So if you’re emailing those Legislators, keep it coming. Visit Alaskans for Truth for details and emails.

[damntexdem]

9. Gonna get a report tomorrow.

Although NOT getting a report before the election was also OK -- kept the issue alive.