D.C. court refuses to intervene in rescheduling of BISD election

U.S. District Court for the District of Columbia

Judges on the United States District Court for the District of Columbia Brett M. Kavanaugh, Ellen Segal Huvelle and Rudolph Contreras issued a ruling on multiple requests from the Beaumont Independent School District and the Department of Justice to intervene in any upcoming school board election with a resounding “no” to all case filings.

“Several motions are now ready for the court’s decision,” the D.C. Court’s opinion, issued Aug. 20, read. For starters, “the court need not resolve the question of whether it would have the authority to order a November election as BISD and the United States request, since it DENIES their joint motion for equitable relief.”

According to the written opinion of the court, “Although the cancelation of the May (BISD) election was necessitated by the Voting Rights Act, its rescheduling is a matter of Texas election law, which appears to have sufficient resources to resolve the matter without this court’s involvement.”

New interveners were also mentioned in the court’s opinion.

“The residents who move to intervene intend to seek a remedy under Section 3(c), but that section provides that its remedies are only available in a ‘proceeding instituted by the Attorney General or an aggrieved person under any statute to enforce the guarantees of the fourteenth or fifteenth amendment,”’ the opinion noted. “Our case, however, was instituted by BISD as a preclearance action. As the United States has noted in a similar case, any attempt to apply the bail-in provisions of Section 3(c) in this context would, at a minimum, raise a serious ‘statutory construction concern.’

“Moreover, the residents’ intervention motion is predicated on the effects of actions that have not yet been — and may never be — taken by a Texas state court, so any challenge to those future actions is not yet ripe. The court therefore DENIES the residents’ motion to intervene.”

In whole, “Because the Court now lacks jurisdiction to decide BISD’s only remaining claim, the court GRANTS the interveners’ motion to dismiss the case, and DENIES all other pending motions [Dkt. ## 15, 17, 18, 68] as moot.”

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Comments

Mr. Reece goes to Washington

Chuck- Many of us are thankful for this ruling. This ruling takes us one step closer to seating a competent board. I don't want to get too excited about the ruling because our past experiences have taught us that the Board won't give up the fight until it's over. It's easy for us to step back and see that they have pretty much exhausted their legal challenges. The federal case ruled on today was little more than a Hail Mary pass as the last seconds of the 4th quarter expire at the end of a football game. Unfortunately, there is no legal challenge too frivolous or too desperate to spend money earmarked for the education of our children. They really don't have anything to lose. They don't pay the lawyers to file this crap, we do. Don't forget the legal bills to fight their moronic lawsuits. We pay for those too.

Take that, Woody and DOJ!

Good to see the crooks take several on the chin in this ruling. Now the task will be to figure out how to have a fair election.

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