Brimer Still Trying To Sue His Way To Victory

As a challenger, you know you're doing a good job when the incumbent is so scared for his position that he is willing to take the hit in credibility from suing to try to take you off the ballot so he doesn't have to compete with you. By that metric, SD 10 candidate Wendy Davis is giving incumbent Senator Kim Brimer the race of his life.

Brimer is, predictably, appealing the previous court decision against him stating that Wendy Davis is legally on the ballot in Senate District 10.

The two things to note here:

First, the mandamus petition Brimer filed for the accelerated appeal seems remarkably similar to the mandamus petition filed in the first attempt to win by lawsuit. That mandamus petition was shot down because it effectively didn't belong in the Texas Supreme Court.

And second, the DMN article on the mandamus petition implies that the point under contention is whether the swearing-in of Davis' successor to the Fort Worth City Council was valid. That is an incomplete representation of the case, and of the decision to let her stay on the ballot. The judge decided that the swearing-in was valid, but that even if it weren't, it didn't matter based on prior jurisprudence.