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Today the superior court will hear oral arguments in Midtown Citizens Coalition v. Municipality of Anchorage. "MCC" is an unofficial group that opposes the recall of Assembly member Felix Rivera. The question is whether the Muni properly certified the recall petition. #aklaw


Before posting the MCC v. MOA briefs, it's worth noting that the legal arguments made by Rivera's supporters parallel those made by Dunleavy in Recall Dunleavy v. State. Both Rivera and Dunleavy argued that their recall petitions should have been denied by election officials.

So let's play a game called "Who Argued It." Guess which politician, Rivera or Dunleavy, made the following arguments in court:

1. "The grounds for recall stated in the petition are insufficient as a matter of law, and therefore the petition should have been rejected."


2. "Even under Alaska’s liberal recall standards, courts have not hesitated to find petitions legally insufficient when those petitions did not contain sufficient factual allegations of unlawful activity to state sufficient grounds for recall.”

3. "The allegations must be sufficiently particular to allow the official a meaningful opportunity to respond . . . . [and] ensure that voters have the information they need to vote."
The debate over law and order comes to the forefront yet again. Law and order - both can be maintained with equal zeal. One needs to take precedence over the other. Will that be Order over Law or Law over Order?


In other words, what do governments prefer - looking away the other side when law is broken with impunity in the fear that acting against the offender will lead to large scale rioting on the roads?

Or will the government gear up to uphold the sanctity of law and punish every single one trying to break it? There are many examples. Take the Tablighi Wuhan Wave. Or Bangalore Riots. Or the destruction of Temples in Andhra.

Now, if the perpetrators are punished, there is going to be large scale rioting. Pointing out Tablighi Wuhan Wave destroyed many a person in the Gulf when Pakistanis and their minions profiled every Indian and got them arrested for insulting Islam.

No one talks about the post to which the MLA's nephew responded to. Singhu Resort is another. What's stopping the government from clearing the protest site? Is it the same confusion between law and order?
Hot take: Courts might be able to review the legality of this impeachment, even under current political-question doctrine. Here’s why and how the issue might arise:


Suppose Senate convicts and disqualifies Trump from ever holding federal office. Trump files paperwork to run anyway, but state officials deny his application, citing his Senate impeachment judgment. Trump sues, arguing that the judgment is void.

Normally a legal dispute about a prospective candidates eligibility to run would certainly present a justiciable case or controversy. But are courts bound to accept the Senate impeachment judgment as valid? Maybe not. Here’s why:

According to Article I, “The Senate shall have the sole Power to try all Impeachments.” This is a small amount of judicial power vested in Congress. When trying impeachments, the Senate sits as a court.

The Senate’s judicial power includes the power to decide relevant legal questions that arise, such as what procedures are sufficient to constitute a “trial” w/in the Constitution’s meaning. Such legal determinations are conclusive, as SCOTUS held in Nixon v. United States (1993).