Today, Trudy Berger, through her lawyer Sam Begley, filed this response to the Governor’s appeal to the Mississippi Supreme Court.
Response to Barbour/Hosemann appeal.
The issues at law seem to be substantially similar to the Jim Hood vs. Haley Barbour fight over the timing of the special election (which Governor Barbour won handily on appeal to the MSSC earlier in 2008). Ultimately, the issue seems to be whether or not the Governor has the power to interpret and administer statutes that the law empowers him to have. At the end of the day, the MSSC will likely make the decision on technical and constitutional grounds (seperation of executive and judicial powers) and not as a matter of technical facts with regards to this particular ballot dispute. They generally took this line of thinking in their decision in Hood v. Barbour.
Magnolia Tribune
