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Habeas and the Non-B____

As one who specializes in the law of habeas corpus, I thought I had heard every use, misuse, and abuse of the Great Writ. Nope. AP reports from Madison, Wisconsin:

A candidate for the Wisconsin Legislature who wants to use an expletive and a racially charged phrase to describe herself on the ballot has lost an appeal of a federal judge's order dismissing her lawsuit.
Ieshuh (eye-EE'-shu) Griffin appealed U.S. District Judge Rudolph Randa's decision rejecting her lawsuit on Thursday. She wants to describe herself on the ballot as "NOT the 'whiteman's b----."

The judge on Friday dismissed her appeal, saying no matter how creatively she argues the issue, she can't file her lawsuit as a habeas corpus action. Randa says those are reserved for people in custody, which Griffin is not.

Griffin said Monday she will attempt to appeal the order directly to the U.S. Supreme Court.
Not quite sure what this story means when it says she appealed the district judge's decision on Thursday and the judge (the same judge?) dismissed the appeal on Friday.  That doesn't make much sense.  In any case, Ms. Griffin can't appeal a district court's denial of a habeas corpus petition directly to the U.S. Supreme Court, because that court has no jurisdiction to hear such an appeal. She can file a writ petition there, but it will be denied.


When I saw this story on Friday, my colleagues and I (jokingly) agreed that a writ of mandamus would seem a more appropriate vehicle for her grievance than a writ of habeus corpus.

Is it appropriate to call her "the ex-candidate formerly known as Not the whiteman's bitch."

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