Federal Court Says Murkowski In, Miller Out

Last updated on February 8th, 2013 at 03:02 pm

I wrote the other day about Joe Miller’s refusal to accept defeat in his race against Lisa Murkowski, who was the victim of a Palin-Tea Party Express ambush before the primary. She came back strong in a write-in campaign and edged Joe Miller in the general election.

Murkowski had the grace to accept defeat in the primary. Joe Miller hasn’t been able to demonstrate he even knows what grace is, let alone intends to demonstrate it. It’s not for lack of opportunity:

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Joe just lost out on his federal case – the 9^th U.S. Circuit Court of Appeals threw out his lawsuit on Tuesday, just a week after the Alaska Supreme Court did the same. The federal judge said Miller hadn’t raised any federal issues and that he would not second guess the Alaska Supreme Court. Take that, Sarah Palin! You brought in out-of-state money to beat Lisa Murkowski but the much-hated federal government won’t interfere in what is the state’s business.

How that must hurt.

Miller of course, is still whining:

“I am disappointed with the federal court’s ruling today. The U.S. Constitution’s Elections Clause presented the most significant constitutional issue. Specifically, should the courts be required to follow the legislature’s standard for the selection of U.S. senators or create their own? My legal team believes that the clear language of the Election Clause as well as precedent support our claims. Thus, we are evaluating the ruling and determining what our next step should be.”

Miller can always appeal. But that won’t stop Lisa Murkowski from taking her seat in the 112^th Congress on January 5 because the federal judge lifted the hold on the certification of the election.

It’s a done deal. Only Joe Miller seems unaware of it.

Miller beat Murkowski in the August GOP primary but lost to her in the November election. The Alaska Supreme Court ruled against him. A federal judge has ruled against him. More importantly, the people of Alaska ruled against him by casting more ballots for Lisa Murkowski.

Murkowski told the Anchorage Daily News

“This is pretty great news. It means that I can breathe a sigh of relief knowing that next week Alaska will have two senators in the United States Senate and there would not be any lapse that could have happened had certification been held up very much longer.”

She has reason to be happy.

“I have had a bottle of champagne in just about every refrigerator where I have visited over this Christmas holiday, and I haven’t been able to release that cork yet.”

What Miller will do is anyone’s guess. Unlike one of Palin’s other favorites, he’s an employable individual, being an attorney and all, and won’t have to steal from his campaign funds to get by, or form a pac to give himself a paycheck. Even so, he really wanted that seat and he shows no signs of giving up trying to find a way to weasel it out of the winner’s hands.

I suggested last time Miller hold man up. I won’t suggest any of us hold our breaths.

Hrafnkell Haraldsson

Hrafnkell Haraldsson, a social liberal with leanings toward centrist politics has degrees in history and philosophy. His interests include, besides history and philosophy, human rights issues, freedom of choice, religion, and the precarious dichotomy of freedom of speech and intolerance. He brings a slightly different perspective to his writing, being that he is neither a follower of an Abrahamic faith nor an atheist but a polytheist, a modern-day Heathen who follows the customs and traditions of his Norse ancestors. He maintains his own blog, A Heathen’s Day, which deals with Heathen and Pagan matters, and Mos Maiorum Foundation www.mosmaiorum.org, dedicated to ethnic religion. He has also contributed to NewsJunkiePost, GodsOwnParty and Pagan+Politics.