Ron Paul Delegate Lawsuit in Dire Straits

“Truth gains more even by the errors of one who, with due study and preparation, thinks for himself, than by the true opinions of those who only hold them because they do not suffer themselves to think…”

John Stuart Mill, On Liberty

The Delegate lawsuit may be in serious trouble.

It looks as if an appeal was filed before a ruling was made on the Second Amended Complaint. According to the Civil Minutes from the chambers of the Honorable David O. Carter, the attorney for the delegates, Richard Gilbert, filed a Second Amended Complaint and an Appeal at the same time.

You can read the judge’s Order to Show Cause here:

Proceedings In Chambers: Order to Show Cause

If you’ve been following this case, you should know that the Court granted the Republican National Committee’s Motion to Dismiss on August 7, 2012. You can view that here:

Order Granting Motion to Dismiss Without Prejudice

This presents a major problem: the Appellate court has jurisdiction over an action only after a final judgement has been made. Therefore, the Court wants to know: if there is an appeal, does that mean that Gilbert is accepting the Order Granting the Motion to Dismiss as the FINAL judgement in the case?

Simply put, you can’t appeal before a judgement has been made. Judge Carter gave the delegates the opportunity to file a Second Amended Complaint when he dismissed without prejudice. Rather than doing just that, an appeal was filed as well. If Gilbert’s team accepts the Order Granting Motion to Dismiss as appealable, the Central District court no longer has jurisdiction to rule on anything associated with the case, including the Ex Parte Motion to Expedite.

That could mean no judgment before the National Convention. It could also mean that this is over for everyone, including those who would wish to ask the court these questions in the future.

If Gilbert doesn’t file a response or show sufficient cause by 9 A.M. tomorrow morning, it will be finished. Carter has said that he will rule to Dismiss with Prejudice, which means that this can never be argued in Federal Court again.

“The only freedom which deserves the name, is that of pursuing our own good in our own way, so long as we do not attempt to deprive others of theirs, or impede their efforts to obtain it.”

John Stuart Mill, On Liberty


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