Yes, well, differences of opinion make for book reviews and horse races.
As a rule of thumb, I consider that conservatives will say “you can’t do it unless the law says you can” and liberals will say “you can do it if the law doesn’t say you can’t”. The law doesn’t say that the declaration has to be part of the request while it easily could have been written to so state. The law requires a declaration, but there is no stipulation as to where or when such declaration is to be made while, again, the law could have been written to so specify. If the inference is to be that the declaration is to be included in the request then it is a very sloppily written law. Legislation by inference is not a sound policy.
What a liar. He should be fired. I hope that the Kansas supreme court put this man on the witness stand. Lying on the witness stand is grounds of going to jail.
George C - I think it’s much more accurate and realistic to assume that judges appointed by Sebelius will in fact be fair and impartial, as opposed to the kinds of judges appointed by Republicans these days. The two Republican judges on the DC circuit who went out of their way to use tortured logic to toss out Obamacare subsidies, and the judge in LA who recently issued a ruling on gay marriage that reads more like a pamphlet for a right-wing evangelical church, come to mind.
The act of withdrawing is all it takes to “declare that they are incapable of fulfilling the duties of office.”
The language isn’t required to state that, the declaration comes in the act of submitting a letter in writing that he withdraws, which quite obviously makes him incapable of fulfilling the duties of office incapable of fulfilling the duties of office since he isn’t running for that office anymore and won’t perform the duties should he win.
The longer you Republicans drag the inevitable out the worse its going to be, for you.
You are broadcasting to the whole world that you are trying to confuse voters because your neanderthal candidate isn’t cutting it with voters. Roberts doesn’t even live in the state.
I am calling the Kansas senate race right now. Orman 53% Roberts 42% Taylor 5%. I would be surprised if Taylor gets any votes at all but who known what the people of Kansas are thinking right now.
I find it ironic but not at all surprising that Republicans are arguing here that a declaration of incapability to serve must be included in the letter of withdrawal even though the law does not explicitly state that, i.e., the law was carelessly written if that indeed was the drafters’ intent, while in the case Republicans are so eager to bring before the Supreme Court in order to cripple a good part of the ATA they argue just the opposite, that one poorly written phrase should undermine the entire law by absurdly denying subsidies to millions of people who signed up for health care through the federal rather than a state website.
Also, not as a legal but logical point, it seems to me that a person who declares he no longer wishes to hold a particular office is by definition incapable of serving. If he decides he would rather spend his time otherwise and is then elected anyway (certainly within the realm of possibility if he can’t remove his name from the ballot), how is he to be forced to acquit himself well in the office he doesn’t wish to hold? Isn’t wanting a job an essential part of the ability to effectively carry out one’s duties?
I think the Nixon administration raised the “I don’t remember/recall” defense to a high art form. with such amazingly poor memories, it’s a wonder the average republican remembers to wipe afterwards.
since it was the last day to get your name off the ballot, i just somehow doubt that any person, especially a lawyer, would accept a shrug for an answer especially one who’d gone in previously to ask what he needed to do. But hey, congrats on making a national story about republicans being republicans in kansas. i think we all now know what’s the matter with kansas.
The thing that Democrats need to remember, and can generally be relied upon to ignore, is that republicans will be treating every senate race as the one upon which senate control rests. Every. Single. One. Until Democrats adopt the same strategy and aggressive mindset they will come out on the losing end. Fortunately, the Kansas Supreme Court will probably save them from themselves this time.
