I heard about this from one of the lawyers involved a few days ago, but bad Internet connections here in Red Lodge prohibited me from following up. I cant add much to the analysis beyond what Randall Hayes offers on The Bald Cypress, so go check it out short and to the point. Nice job as always, Randall.
I can add that Fahrenholtz is definitely planning to take this to federal court. I spoke to him this morning (Saturday) and he is close to retaining a very competent attorney to take this forward. I also have heard from Duke Williams, the attorney who filed the challenge in state court, who emailed me saying that he is out of the case if it goes to federal court. Thats not because Williams is giving up; rather, its because Fahrenholtz at that point will be suing the state of Louisiana through the Secretary of State (and possibly others) to get his name reinstated on the ballot on federal constitutional grounds.
To me (and to Randall), this is where the case should have gone sooner. Its a very, very interesting legal case, even if youre not an attorney. Randall offered several superb analyses during the early stages of the case. You can read them chronologically here and here.
More as it happens.