NASHVILLE, Tennessee – District Court of the Middle District of Tennessee Chief Judge Waverly Crenshaw appeared to take an extremely skeptical view of the case presented by Robby Starbuck’s legal team during a Tuesday hearing on a preliminary injunction request.
In its motion, Starbuck’s legal team asked Judge Crenshaw to void the Tennessee Republican Party (TRP)’s decision to disqualify him from Tennessee’s Fifth Congressional District Republican primary and to order the Tennessee Department of State to put him on the ballot.
Crenshaw took all the arguments under advisement and said he’ll come back with a ruling at an unknown time.
Judge Crenshaw’s comments and questions posed to Starbuck’s team demonstrated a skepticism both towards Starbuck’s arguments and whether or not a federal court should have jurisdiction in this matter.
Judge Crenshaw apparently does not believe that whether or not the TRP followed its own rules is a federal question and asked Starbuck’s attorneys several times why they didn’t file in state court. “We can all agree the [Tennessee Republican Party] bylaws create no federal question,” he said in one instance.
He added in another, “I don’t see a federal question, do you?”
Crenshaw said on the issue of timing, “Mr. Starbuck took his time to ask the court for injunctive relief.” He further mentioned that he had to drop everything to have this hearing.
When one of Starbuck’s attorneys tried to argue that point, the judge replied firmly, “You knew since April 19.”
When Starbuck’s team argued that it was impossible for him to satisfy the three of four statewide primary requirement in the TRP bylaws, Judge Crenshaw made the point that if someone is a member of the Republican Party, they have to follow the rules.
“Starbuck knew that. If I’m a member of a club, I know the rules,” the judge said.
“Or he could run as an Independent,” Crenshaw said on several occasions, adding that “presumably Starbuck knew about qualifications.”
“Mr. Starbuck maintains he is a Republican. The fact that the Tennessee Republican Party did not agree means it was arbitrary?” asked Crenshaw to one of Starbuck’s attorneys at one point.
Crenshaw said in another exchange to the plaintiff’s team, “We did agree that the Tennessee Republican Party has a right to have its own organization.”
He later asked if Starbuck’s argument is that the TRP “should have less rights than him?”
In his response, Starbuck’s attorney acknowledged that there are “two competing rights” in this case.
Judge Crenshaw additionally used the idea of the TRP using a baking contest to decide a nomination contest and intimated that it would be legal if it were in the bylaws.
When Starbuck’s team argued that a text message sent by one of the members of the State Executive Committee (SEC) showed that the select committee used the three-year residency law to makes the decision to deny Starbuck a slot on the GOP ballot, Judge Crenshaw said, “What one SEC member erroneously believes is not relevant.”
The judge also appeared to dismiss the plaintiff’s constitutional rights arguments, several times saying that Starbuck does not fall into a protected class and there is no constitutional right to run for public office. It was also stated firmly that there is no constitutional right to run in a party primary or be a member of a political party.
At one point, perhaps hinting at the direction he is leaning, Judge Crenshaw told Starbuck’s attorneys, “If I decline, you’ve got enough time to file in state court.”
On at least two occasions, Judge Crenshaw asked what precedent is set for him to decide this case, or if he would set new precedent if he were to rule for the plaintiff. Starbuck’s team eventually admitted that this is an unprecedented or “path-breaking” case.
While previously afforded the opportunity to do so by Judge Crenshaw, Starbuck’s legal team declined to call witnesses for the hearing. They also declined to file an additional supplemental brief.
Starbuck, who skipped the hearing, was represented in court by three attorneys. Among them was California-based Michael A. Columbo.
Joshua A. Mullen represented the Tennessee Republican Party at the hearing. Chairman Golden was in attendance. There was also an attorney representing the Tennessee Secretary of State’s office.
A ruling from Judge Crenshaw on Starbuck’s motion for injunctive relief is expected by the end of the week.
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Aaron Gulbransen is a reporter at The Tennessee Star and The Star News Network. Email tips to [email protected]. Follow Aaron on GETTR, Twitter, and Parler.
Photo “Robby Starbuck” by Robby Starbuck.Â
Robby, can you please just leave? This is not going to go your way and you wouldn’t win even if it did. You have forever stained your name here and will never be elected to any seat. Please just let it go!