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An attorney general election in 2014 got a little less likely this afternoon, with a federal judge refusing attorney general candidate Paul Zukerberg’s motion for an injunction to force the District’s Board of Elections to keep it on the ballot.
While a law to delay the election, which passed the Council twice and avoided a veto by Mayor Vince Gray, will almost surely go into effect eventually, it still hasn’t passed the mandated 30 days of congressional review. That was enough for District Judge James E. Boasberg to decide that Zukerberg’s complaint doesn’t have “ripeness.”
In his opinion, Boasberg compared Zukerberg to a car salesman worried about a new car tax who tries to sue before the bill passes. “If the legislature has not yet passed the law, no one would suggest that the dealer could bring a court challenge based on the fact that such a tax might prospectively alter his business model,” Boasberg writes.
Despite the failed injunction, Zukerberg can keep up his court fight, even returning with another injunction once the 30 days of review are over. LL’s waiting to hear back from him on what he plans to do next.
Photo by Darrow Montgomery