Monday, May 21, 2012

Musil, Owens Try to Hijack KS Redistricting Case

Kansans interested in their voting rights should be watching this case very closely.

Sen. Tim Owens did everything he could to obstruct district realignment in KS and now the legislature has recessed without fulfilling their constitutional duty. The state is now being sued to force a 3 judge panel to make the map for them.

It's interesting to see that both Greg Musil, representing a client, and Sen. Tim Owens have tried to jump in on the case and are requesting the court not allow current districts to be used for the nomination process for the 2012 election. Sen. Tim Owens is facing a very tough primary challenge, which is why he is fighting so hard to obstruct reapportionment efforts that don't gerrymander his opponent out of his district.

Kobach has filed a motion to deny the additional plaintifs because the remedies they seek are identical to the original plaintiff and offer no new evidence. They are attempting to join the case solely so they can submit a map to the panel that excludes Sen. Owens primary challenger.

Here is the precedent presented that should prevent Owens and Musil from jumping in on the case:

(4) [intervenor's] interest is not adequately represented by existing parties. WildEarth Guardians v. U.S. Forest Serv., 573 F.3d 992, 995 (10th Cir. 2009).

Since they are requesting the same remedies, they should not be allowed to join the case.

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