AG Hood to Gov. Barbour: Drop Dead

[MarkWarner08]

Gov. Haley Barbour (R) has called the contest for Nov. 4, 2008, the date of the next regularly scheduled general election. But Democrats - in particular Mississippi Attorney General Jim Hood - contend that state law requires the special election to be held 100 days after Lott resigns, should the Senator stick with his stated plan to relinquish his seat by Dec. 31.

Hood is not ruling out legal action.

"We will decide what to do if and when it becomes necessary," Hood said in a statement provided to Roll Call on Tuesday, in response to an inquiry about whether he plans to sue Barbour to change the election date. "We fully expect the governor will follow the law."

http://www.rollcall.com/issues/1_1/latest_news/21130-1.html

Let the fireworks begin!

[MarkWarner08]

Here's the relevant statute: (§ 23-15-855)

If Lott resigns on or before Dec. 31 then the law calls for an election no later than 90 days after he issues a proclamation of election which must be no later than 10 days after he officially learns of the vacancy. Otherwise, the election is delayed until Nov. 4, 2008.

In either case, it appears at first glance that there is no primary in a Mississippi special election.

It depends on who interprets the statute.  If Hood wants to challenge the Governor on this issue, he has the powers to do so.

[MarkWarner08]

What's the Mississippi Supreme Court look like?  I suppose it's going to all come down to them, no?

Here's a famous, nay, infamous quote from the Chief Justice of the MS SC: ""The bottom line is, we are a Christian nation now, we were a Christian nation in the beginning, and we'll gonna always be a Christian nation until the good Lord returns."

Edit: "Since 1994, candidates for state judicial offices have been prohibited from aligning themselves with political parties and no longer run in party primary elections." http://www.sos.state.ms.us/ed_pubs/PressReleases/Articles.asp?prno=1778&search=

Harry, do you know the partisan affiliations of the Supreme Court Justices? Were any appointed by a Governor to fill a vacancy?

[MarkWarner08]

Here are the names of the other justices: Jess Dickinson and Chuck Easley.

According to his bio profile, Jess Dickinson is served as the "Supreme Court's liaison to organizations providing legal services to the poor, and is a charter member of the Mississippi Access to Justice Commission." Sounds like a bleeding-heart liberal.


After some digging, I discovered Easley cast the deciding vote in a 2000 Supreme Court case  that sided against tort reform advocates. It appears that Easley is a moderate-liberal voice on the court. Otherwise, he tends to vacillate in big cases, so count him as a swinger.

4 probable votes for the Democrats
3 probable votes for the Republicans
2 swingers.

[MarkWarner08]

I would prefer to have the election soon and not have to worry about the Republicans running on Moore=Hillary (actually, they still will, but it won't stick as much).

I just doubt it will work out like that.  Barbour=god nowadays, and I can't imagine him not getting his way.

Didn't Jim Hood also win another term in a landslide? I'm sure he has some political capital to spend on this election.

[MarkWarner08]

What's the Mississippi Supreme Court look like?  I suppose it's going to all come down to them, no?

Appearantly they were a bunch of social liberals in 1926.

You must be logged in to read this quote.

http://www.isthatlegal.org/archives/2007/11/if_it_was_tortu.html

What on earth does that have to do with anything?

Well, the U.S Supreme Court seems to have taken a 360 back to the 1930's, why shouldn't the same apply to Mississippi and its Supreme Court?

[MarkWarner08]

http://www.clarionledger.com/apps/pbcs.dll/article?AID=/20071218/NEWS/71218016

Hood is not backing down...