First, he talks some fireman into filing suit in court to keep Davis off the November ballot. When that doesn't work, he files suit himself in State District Court. But District Judge Tom Lowe shot that down by ruling Davis is eligible to run. But instead of accepting the court's judgement and trying to beat his opponent in a fair campaign, Brimer appealed that ruling to the 5th Court of Appeals.
Now Brimer has lost again. Yesterday, the appeals court ruled against him. The court said, "Brimer’s only legally recognized interest in pursuing this appeal is to avoid being opposed by an ineligible candidate. Even if Davis is ineligible to hold office -- an issue we do not reach in this appeal -- her name will be included on the November 4, 2008 general election ballot in opposition to Brimer. We cannot, at this point, change that outcome and, therefore, this appeal is moot."
Now Brimer again has a choice. He can take on Wendy Davis in a fair election, or he can appeal this case to the Texas Supreme Court. I think he'll take the cowardly route and appeal the case. Brimer is running scared. He knows how popular ex-councilwoman Wendy Davis (pictured above) is in Tarrant County, and he doesn't think he can win a fair election.
I think he's right.
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