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Monday, September 8, 2008

Alito puts a period on Clark's primary ballot battle

Minneapolis attorney and judicial candidate Jill Clark has lost her last-ditch bid for federal relief in her effort to remove the name of her opponent, Justice Lorie Skjerven Gildea, from the primary ballot, or, in the alternative, to prevent Gildea from being identified an an incumbent.

A special panel appointed for the purpose of hearing Clark's state Supreme Court petition had denied the contentious candidate's request for relief hours after arguments in the case. Clark then sought relief from U.S. Supreme Court Justice Samuel Alito, the circuit justice for the 8th U.S. Circuit Court of Appeals, asking him to prevent the "unconstitutional text" from the ballot. (Clark had argued, among other things, that identifying the incumbent as such on the ballot violates the state Constitution.)

On Sept. 5, without further comment, Alito denied Clark's application for an injunction.

Two other candidates -- Hennepin County District Court Judge Deborah Hedlund and Hennepin County assistant public defender Richard Gallo -- are also challenging Gildea in tomorrow's primary. The top two vote-getters will earn a place on the November ballot.

3 comments:

Jill Clark said...

Mr. Cohen,

As you know, an injunctior prior to grant of Cert is extraordinary relief. Denials are common. But Circuit Justice Alito's denial of the emergency application will not impact the soon-to-be-filed Petition for Writ of Certiorari. Stay tuned....

Mark Cohen, editor said...

Thanks. I suspected there would be more, which is why I limited the post to tomorrow's primary ballot.

Anonymous said...

Ms. Clark,
Assuming you were to be elected to the MN Supreme Court, would you be contesting decisions made by your fellow associates if you are not voting with the majority? Or do you hold this practice only for the election process? Just wondering if you'll be focusing on the tasks at hand or creating elaborate scenarios to get your way.