Alaska’s Joe Miller Supports Activist Judges

I thought teabaggers were opposed to activist judges.  (WordPress has ‘issues’ so this link came from Wall Street Journal titled Judge Won’t Rule On Alaska Election.)

A federal judge in Alaska declined on Friday to rule on Senate candidate Joe Miller’s lawsuit over how the state counted ballots in his race against fellow Republican Lisa Murkowski and Democrat Scott McAdams, saying the matter should be resolved by a state court.

The judge delayed the state’s plans to certify the election as long as Mr. Miller sues in a state court by Monday.

Ms. Murkowski’s campaign manager, Kevin Sweeney, said in a statement, “We agree with Judge Beistline that if Mr. Miller has a question of interpretation it belongs in a state court. But we still don’t know what Joe hopes to gain. Even with all of his challenges, Lisa defeated him by more than 2,000 votes.”

A spokesman from Mr. Miller’s camp didn’t immediately comment.

Indeed, Ms. Murkowski appears to have won the race even if a judge eventually throws out misspelled ballots. Not counting the ballots that Mr. Miller has challenged because of misspellings and other imperfections, Ms. Murkowski had a 2,247-vote lead over Mr. Miller at last count.