Nacho Guarache: The ultimate sacrifice
http://www2.mysanantonio.com/opinion/cartoonarchive/leo_nacho.cfm?show=month&page=2
Posted on 07/01/2004 8:32:14 AM PDT by SwinneySwitch
In the latest pendulum swing in the heated battle between Henry Cuellar and Ciro Rodriguez, the 4th Court of Appeals voted Wednesday to reconsider — and potentially reverse — a ruling that granted Rodriguez his longed-for day in court.
Cuellar, a Laredo lawyer and the current Democratic nominee by 58 votes, requested the full court's consideration Monday, days after a three-judge panel ruled incumbent Rodriguez could present evidence that votes had been cast illegally during the March 9 primary.
It's not clear when the full court will meet, but both parties agree an expedited schedule is crucial.
Although few openly claim the court's decisions are partisan, the political undertones are clear.
Last week's ruling in favor of Rodriguez by the three-judge panel included the only two Democrats on the court — Chief Justice Alma Lopez and Justice Catherine Stone.
Rodriguez attorney Buck Wood chafed at the strident tone of last week's dissenting opinion, which was written by Justice Paul Green, the lone Republican on the three-judge panel who also signed Wednesday's order for a review.
"Its tone was not respectful toward the other judges, and since (Green) signed this order, I can't help feel he is trying to secure his position," said Wood, who plans to file a response today to Wednesday's motion.
The full panel will include all seven 4th Court of Appeals justices, five of whom are Republicans.
If the review by the full court goes against Rodriguez, it would spell legal doom for the San Antonio congressman because election contests can't be taken to the Texas Supreme Court.
Cuellar, a moderate Democrat who served as Texas secretary of state under Republican Gov. Rick Perry and supported George W. Bush during the 2000 presidential election, is seen as the preferred candidate of Republicans in his fight with Rodriguez.
But Cuellar said the decision wasn't about politics, but about legal precedent.
The full court is simply respecting its own 1998 opinion, which the lower court judge used as the original basis for throwing out Rodriguez's attempt to raise the issue of illegal votes, he said.
The case, Tiller vs. Martinez, addresses the timeline for raising claims and introducing evidence in an election lawsuit.
"It's an opinion that will be affecting elections for years and years to come," Cuellar said of the appeals court decision.
Rodriguez was peeved at the court's decision.
"It's just a matter of postponing the inevitable, and the inevitable is that I won this race," Rodriguez said. "I won this darn thing, and it's just a matter of following through."
Cuellar and Rodriguez have been battling over the results of the March 9 primary for the Democratic nomination for the 28th Congressional District since the first night.
The seesaw fight began when Rodriguez squeaked by election night with a 145-vote victory in a race that saw more than 49,000 ballots cast districtwide.
That narrow lead was erased after Cuellar called for a recount, which gave him a 203-vote margin of victory.
Most of the reversal came from Cuellar's home county of Webb and neighboring Zapata County, which prompted Rodriguez to raise the specter of illegal votes.
Cuellar retained his lead, but saw it drop to 58 votes, after a second, court-ordered recount only in Webb County.
In a lawsuit, Rodriguez contended voting irregularities in Webb and Zapata counties led to the change and that he should be allowed to introduce evidence in a Laredo courtroom.
But in May, visiting District Judge Joseph Hart denied Rodriguez, saying he did not make his request in a timely manner.
The three-judge panel reversed Hart's decision last Thursday, and now the full court will revisit the matter.
Whoever wins the Democratic nomination will face Republican nominee Jim Hopson of Seguin in November.
--------------------rrodriguez@express-news.net
Sounds about right.
"5 to 2 in favor of Henry?"
Nacho Guarache: The ultimate sacrifice
http://www2.mysanantonio.com/opinion/cartoonarchive/leo_nacho.cfm?show=month&page=2
It must be a major objective of good people everywhere in the nation to purge Willie's filth and corruption. Congressmen like Ciro can NEVER be relied upon to work for the country. They will ALWAYS be working to try to remove the stain they carry for Willie's filth and corruption. They never can because Willie is and was corrupt and contaminated and will always try to bring down to Willie's sewer level anyone who isn't as bad (takes in almost everyone except Bagala, Davis, Podesta, etc) especially if he is a Republican!
I hate the fact that even local Republicans have written off our district. This is the perfect time to get our candidate out there, especially in the southern part of the district. Who is our candidate, anyway?
"Whoever wins the Democratic nomination will face Republican nominee Jim Hopson of Seguin in November."
http://www.jamesfhopson.com/
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.