by Ryan McKeen
Here’s my attempt at a Sunday morning NFL pre-game show. Below are just my opinions. Here is what I am watching for:
1. Can the Republicans intervene? There’s no way lawyers for Bysiewicz want this to happen. I expect her lawyers to fight this issue tooth and nail. If the Republicans are able to intervene, at the very least they will likely be able to cause a delay in the proceedings. Bysiewicz wants this resolved prior to the state convention in May. On the legal clock, that’s a nanosecond.
2. Does someone challenge Bysiewicz’s standing to bring the action? I’m on record in this blog as saying that she does presently have standing to bring this action, but my blog is not law. Some one may argue that in order to bring the action she must actually be the nominee. I don’t see it that way, but standing is a threshold issue. If a court rules she doesn’t have it, then her action would be dismissed — a fatal blow to her campaign. On the one hand, I think she has standing to bring it. But on the other, I think an opponent may want to raise the issue.
3. Bysiewicz’s clearly wants a court to rule that she’s qualified and to do so quickly. At the end of the day, the best possible outcome is if the court rules the statute is constitutional and that she’s qualified. This is a legal as well as a political issue for her. Having the statute declared unconstitutional may be a legal victory, but also a political setback for her.
4. In my opinion the Republican strategy likely involves a bunch of Ds. The first D is that they want her Disqualified from running. Why bother intervening if this wasn’t their ultimate end?
The second D is to Delay the proceedings. I’m not for one second suggesting that the Republicans want to intervene solely to delay the proceedings because I think want to defeat her in court. But, we live in a land where it often takes a year to decide a small claims case. Our courts are set up to handle cases like this, but they are extraordinary. Litigation takes time.
If this matter persists into November, it will significantly impact Bysiewicz’s chances of become Attorney General. Even delaying proceedings until either May, when the convention takes place, or August, when a primary would be held, might render the case moot.
The third D is that they want Discovery. The discovery process could be cumbersome in this case because it may open an inquiry into Bysiewicz’s daily activities.
5. I don’t anticipate the trial court finding the statute unconstitutional, though it’s possible. No matter how the trial court rules on this issue, this matter will be resolved by the Connecticut Supreme Court.
At the end of the day, I have to think that the most important thing to watch for is whether or not the Republicans are able to intervene in the action. I have no predictions as to how any of this turns out. There is no outcome would surprise me.
The statute could be constitutional or it may not be. Bysiewicz’s activities as Secretary of State may or may not be deemed the “active practice of law”. It will be interesting to see how this turns out.