October 14, 2008
If you have neither the facts nor the law, pound on the judge

Do you ever get the feeling that Sen. Kim Brimer really really really didn't want to have to run an actual campaign against Wendy Davis? Because he sure won't quit griping about the fact that he lost all of his lawsuits to keep her off the ballot.

State Sen. Kim Brimer on Monday accused a Fort Worth appeals court of dragging its feet in his appeal, which ultimately defeated his legal challenge to Democrat Wendy Davis' eligibility on the November ballot.


Brimer, R-Fort Worth, suggested Monday that [Second Court of Appeals Chief Justice John] Cayce acted too slowly for the courts to render a ruling on Davis' eligibility.

"I can't explain to you why the appeals court didn't expedite the case like they did in February, except I will tell you that I understand through the grapevine that Mr. Cayce was still upset that he didn't get the appointment to the (Texas) Supreme Court," Brimer said Monday at a Star-Telegram editorial board meeting, which is part of the on-the-record interview process to earn the paper's endorsement.

"I did not stand in his way at the time," Brimer added.


Cayce said the 2nd Court of Appeals first received the case in early August and granted every motion filed by Brimer's attorneys to expedite the case.Justicecayce

"It sounds as if he is disgrunted with our prior decision," he said. "I can't remember a case in my 14 years that was treated with more emergency attention than this case. We did everything they asked us to do and more, but he is acusing us of delaying his case? It was an emergency created by Sen. Brimer and his attorneys, with the timing of his filing the case and expecting us and everyone else in the judicical process to act at a rate of speed that is impossible."

"It sounds like he is disappointed in the outcome and is grasping at straws and looking for people to blame," Cayce said.

Cayce is a fellow Republican, by the way. As noted, the original lawsuit, filed by Brimer's allies in the Forth Worth Fire Department, was tossed before the March primary. Brimer filed his suit in July. I can't imagine the facts of the case changed much between March and July, so if Brimer is complaining about running into a deadline, it seems to me he had the chance to prevent that. Whining about it doesn't change that basic fact.

Posted by Charles Kuffner on October 14, 2008 to Election 2008
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