by Ryan McKeen
It’s now being widely reported that Susan Bysiewicz will seek a declaratory judgment on her candidacy for attorney general.
This is just my guess. I may or may not be more accurate than the weatherman was last week. Here’s what I think she’ll do:
1. Hire Attorney Wesley Horton to represent her. Horton was quoted in the February 10th edition of the CT Law Tribune as saying he does not think the Connecticut Attorney General Statute is constitutionally valid.
The same article quotes Bysiewicz as saying, “I agree with Horton”.
Horton’s track record speaks for itself. Having him on her side would certainly be a net plus for her candidacy.
Bringing an action is a high stakes game she can’t afford to lose.
2. Bysiewicz brings a declaratory action solely on the issue of whether or not the statute is constitutional. If she seeks a declaratory ruling as to whether or not her experience qualifies her under the statute, it opens her up to discovery and the potential for a very lengthy trial. Challenging the statute itself is a whole lot less troublesome for her than factually proving her qualifications. It would be done through briefs and appeals, not through testimony.
Whether or not she wins in a court of law is an open question. The issue will be vigorously litigated. If Attorney Horton says it’s unconstitutional, there’s a good chance it is. She may, however, do more damage to her political credibility by bringing the action.
Here’s a quote from the February 1, 2010 edition of the CT Law Tribune:
Bysiewicz said she does not intend to seek a court opinion on the eligibility matter.
“This is not so much a legal question as a political question,” she said.
So I guess she was against it before she was for it… No matter what she chooses to file, or who files it on her behalf, I think she’s already looked at her cards and will tell the dealer she’s going all in.