Loose Lips

Court Won’t Keep Attorney General’s Race on the Ballot

An attorney general election in 2014 got a little less likely this afternoon, with a federal judge refusing attorney general candidate Paul Zukerberg's motion for an injunction to force the District's Board of Elections to keep it on the ballot.

While a law to delay the election, which passed the Council twice and avoided a veto by Mayor Vince Gray, will almost surely go into effect eventually, it still hasn't passed the mandated 30 days of congressional review. That was enough for District Judge James E. Boasberg to decide that Zukerberg's complaint doesn't have "ripeness."

In his opinion, Boasberg compared Zukerberg to a car salesman worried about a new car tax who tries to sue before the bill passes. "If the legislature has not yet passed the law, no one would suggest that the dealer could bring a court challenge based on the fact that such a tax might prospectively alter his business model," Boasberg writes.

Despite the failed injunction, Zukerberg can keep up his court fight, even returning with another injunction once the 30 days of review are over. LL's waiting to hear back from him on what he plans to do next.

Photo by Darrow Montgomery

  • http://votezukerberg.com Paul Zukerberg

    This fight is far from over. The judge ruled that he does not have jurisdiction until the 30 day Congressional review period expires. If Congress does not overturn this egregious law canceling the attorney general election, we will be back in Court for a ruling on the merits, and we will prevail. -Paul Zukerberg

  • Corky

    Reality check--the entire elected attorney general movement was a revolt against Peter Nickles and his egregious overstepping of his authority and offensive personality, not a real attempt to change the structure of government. Now that he's gone (and Fenty), there is no need to change the law. I think every mayoral candidate heard the voice of the people and wouldn't dare appoint an AG who doesn't live in the city and doesn't give a damn about the priorities of District residents.

  • Drez

    Of course, Vincent Gray's AG is attempting to block US Atty Ron Machen in his discovery request for documents related to the Jeff Thompson settlement in the context of the ongoing Federal Grand Jury investigtion of Gray's corrupt campaign that Thompson financed.
    So there is that...

  • truth hurts

    So Evans, Gray,Orange, and Bowser don't care what the electorate thinks. They know better than the folks they want to elect them mayor. Wells is the only candidate honoring the will of the voters.

  • Pingback: blue ofica