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Court Clears Way for Wendy Davis


by: Todd Hill

Wed Jan 23, 2008 at 08:30 PM CST


The Second Court of Appeals ruled that the ballot challenge raised by three alleged Democratic firemen of the Fort Worth Firefighters Association had no standing.  

This, barring no interjection by the Texas Supreme Court, officially clears the way for Democrat Wendy Davis to continue her campaign against Republican Kim Brimer in Senate District 10.  More from the Star-Telegram:

In a 50-minute hearing in downtown Fort Worth Wednesday morning, Justice John Cayce questioned whether citizens have legal grounds to challenge a political candidates' eligibility.

Craig Deats, a lawyer with the Texas Fire Fighters Association who represented the local firefighters, was forced to spend nearly half his time before the judges defending his clients' right to pursue the suit.

"If in fact the court were to declare that the Democratic Party members have no standing ... then that means the only persons who have standing are the adversaries," Deats said, suggesting such a framework would be undemocratic.

Buck Wood, one of Davis' three lawyers at the hearing, predicted chaotic election cycles if any citizen could challenge a candidate's eligibility.

"There would probably be challenges in most elections over the eligibility of one candidate or another somewhere between the filing deadline and the general election," Wood said.

Now that Kim Brimer and Bryan Eppstein's flimsy attempt to rid themselves of a real challenger for a seat trending Democratic has failed, voters in Tarrant County can continue to purge Republicans from office and replace them with mainstream candidates poised to address the pressing issues facing us all.  

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Great news (0.00 / 0)
I'm still disturbed by why the Texas Fire Fighters Association would have taken this to the courts.  What has Brimer done for the firefighters?

Not Brimer (0.00 / 0)
What has Brimer done for the firefighters?

Nothing himself, but Bryan Eppstein has, and they really fought Wendy Davis pretty hard in a collective bargaining dispute.  Nonetheless, this attempt to suppress her candidacy is pretty sickening and undemocratic.


[ Parent ]
I agree with Blank... (0.00 / 0)
The FWFA has reason to oppose Wendy Davis...she didn't support them on the collective bargaining issue but attempting to keep her out of the race was not the right thing to do.

[ Parent ]
told you so? (0.00 / 0)
Just a note to that small-but-vocal group of Tarrant County Democrats who argued at one time that Wendy Davis isn't a "good Democrat."  

Would Kim Brimer and Brian Eppstein have to such great lengths to try and keep Davis off the ballot if they didn't think she would beat Brimer's as*s in the fall?


Supreme Court? (0.00 / 0)
Given that the fire fighters have already tried to take this to the Supreme Court once, I would be shocked if they didn't try to take it there again.  The Supreme Court will reject it too though.

Brimer can still bring a challenge personally... (0.00 / 0)
but I doubt he'll do that.  Given the court's opinion, there aren't any clues that Brimer would get a positive finding on the substantive issues.

The Second Court of Appeals did the right thing.


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