Thursday, August 7, 2008

Fahrenholtz Loses in Federal Court, Too

Posted By on Thu, Aug 7, 2008 at 5:02 AM

Orleans Parish School Board member Jimmy Fahrenholtz failed in his attempt to convince a federal judge to order his name placed back on the Democratic Party congressional ballot on Sept. 6.

 

U.S. District Judge Peter Beer, in a terse ruling handed down late Wednesday afternoon, deemed the matter res judicata — a thing already judged … in this case, by the state courts.

 

“Here, the mover for the Temporary Restraining Order in this Court has filed in the State District court, appealed to the State Court of Appeal, and thereafter, to the State Supreme Court. All have responded with alacrity.

 

“This matter is res judicata. …”

 

Fahrenholtz may appeal to the U.S. Fifth Circuit Court of Appeals, but at this point his case appears to be a long shot. Beer’s opinion cited the case of England v. Louisiana State Bd. of Medical Examiners, which notes in part that “a party, after unreservedly litigating his federal claims in state courts although not required to do so,” cannot then ignore the adverse rulings in state court by seeking to litigate the same claims in federal court.

 

Beer’s citation underscores an observation I made two weeks ago that Fahrenholtz should have gone to federal court first. Back then, I said it was just my opinion. Now it’s the law of the case.

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