Hi Bill,
  
  
  

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   I'm not a lawyer so could folks who are please clarify the extent to which these Red states' claims might be regarded as non-frivolous?   
  
  
 Far more than other jurisdictions, in the States we favour the ability of people to be heard substantively in court. The bar for injunctive relief consequently is set at a very low level. 
  
 Does this pass the laugh test? To those like yourself who understand the subject likely not. The one exception might be the property argument. The GAO report is not dispositive and, frankly, as a matter of law I personally disagree with some of their conclusions. Yet I'm not impressed with arguments on that matter presented herewith by the Plaintiffs.  
  
 Should this Complaint be dismissed? Probably, yes. Will it? Who knows? 
  
 I'd suggest the principle problem faced by the Plaintiff's is one of time. I'm not sure they can get this heard in time. I presume that is why they filed in Galveston. The pen on this Complaint, and I've been aware of it's possibility for some time, was held by Arizona. There was certainly a bit of forum shopping here. Was it for scheduling purposes or something else? 
  
 I'm not privy to the operations of the Galveston court house but do note the presence there of a young judge, rather inexperienced, appointed by President Obama but backed by the two Republican Senators from Texas, including Senator Cruz. Will he be assigned the matter? I don't know but I assume the Plaintiff's are targeting him. 
  
 So...you never know what a judge is going to do. We wait and wait for others to file lawsuits as well. 
  
 Best, 
  
 Ed Morris 
  
  
  
  
  
  
  
 *"Plaintiffs operate multiple websites, including those that use the .gov and .com generic top level domains, to conduct their business and communicate with their citizens."  That's grounds, we have websites?
  
 "Venue is proper in the Southern District of Texas pursuant to 28 U.S.C. § 1391(e) because the United States, its agencies, and its officers in their official capacity are Defendants, and Plaintiff State of Texas resides in and uses the Internet in this District."  Maybe it could be held in the Governor's mansion?
  
 "This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1331 because this suit concerns the Property Clause of the U.S. Constitution [not what GAO thinks] and the First Amendment [no connection whatsoever], as well as the Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
  
 Lawyers burning up the phone lines in DC.

  
 Bill