It looks like a trend may be starting, removing cases from state courts to federal. It only makes sense for a lawsuit where federal constitutional issues are raised. The latest removal is the Liberty Legal Foundation lawsuit against the Democrats in Tennessee.
LLF attorney Van R. Irion moved to prevent removal, but was denied in a decision by Judge S. Thomas Anderson. Now Irion is trying to spin the loss to his advantage. He starts by saying:
…it is certainly dangerous to read too much into such an opinion
and then goes on to read quite a but into the opinion, including a belief that court is unwilling to dismiss the case on some grounds. Irion quotes, for example,
It is also clear that there will be a legal dispute over the Constitution’s definition of natural born citizen” and the Supreme Court’s decision in Minor.
I make these observations:
- I don’t see that the court is indicating that it won’t dismiss the case.
- Federal judge Gibney dismissed the Tisdale case in Virginia while commenting on the definition of natural born citizen.
- There is a distinct similarity between Jerry Collette’s assertions and those in this case. Could Collette be removed to federal court too?