Here is Dennis Kucinich’s request to the U.S. Supreme Court, asking that it issue an injunction, putting him on the Texas Democratic presidential primary ballot. Since Texas is part of the 5th circuit, Justice Antonin Scalia has jurisdiction over this request. He is free to decide, or also free to refer the matter to the full court. His decision, or the decision of the entire Court, is likely to come on Friday, January 19, since Texas wants to start printings its ballots. Even if Kucinich fails to get injunctive relief, he plans to keep the case alive, to obtain a judgment about the constitutionality of the Texas Democratic presidential oath.
The U.S. District Court decision upholding the oath, issued January 17, says, “Kucinich may still exercise his speech rights in myriad ways. Also, he could have chosen to be a candidate in the Texas Republican primary, a third-party candidate, or an independent candidate.” The Texas Republican Party does not require presidential candidates to sign an oath saying they will support the eventual Republican presidential nominee.