Skip to comments.Lawsuit filed to remove Obama from Mississippi ballot
Posted on 09/24/2012 5:33:57 PM PDT by Elderberry
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The federal-official defendants (Obama, Pelosi, et al.) have 60 days. The other defendants have 21 days. If the defendants respond by making a motion to dismiss, Orly has 21 days to respond to that motion and the defendants have 7 days to reply to that response.
The one defendant Orly did serve (the Mississippi Democratic Party) has already moved to dismiss. The judge gave Orly 21 days from yesterday to respond to that motion; the Party has 7 days from then to Reply, and the judge said that he would schedule a hearing on that motion after all the papers are in.
The upshot is that the next hearing will not be until December at the earliest.
The judge stayed all discovery until all defendants have been served and the motions to dismiss have been decided.
Sorry, I fell asleep, but how did it get turned into a Federal case?
Orly Taitz-- who could have had a definitive ruling from the Mississippi courts by now had she left her case as a simple ballot-eligibility hearing-- decided to get cute and amended her complaint to add a federal racketeering claim (RICO) against Obama, Pelosi, and a batch more defendants. Because RICO is a federal law, the defendants exercised their right to remove the case to federal court. Orly then spent the last few months trying to get the case sent back to state court. The federal judge denied that motion yesterday, so the case is now going to continue in federal court.
By first amending her suit to add RICO, then failing to serve the suit on the new defendants, and then making a (baseless) motion to send the case back to state court, Orly has succeeded in delaying her own case so long that it cannot possibly be heard until after the election.