Miller won't contest Murkowski certification; pursues federal suit - CNN International

Murkowski won as a write-in candidate after losing GOP primaryMiller argues that Alaska law does not allow the counting of misspelled names on write-in ballotsMurkowski holds a 2,200-vote lead even when challenged votes are discountedMiller had until Monday to file an appeal

(CNN) -- Republican Senate candidate Joe Miller said late Sunday he is dropping his opposition to incumbent Lisa Murkowski being certified as winner in the Alaska Senate race, but will continue with a federal lawsuit.

"After careful consideration and seeking the counsel of people whose opinion I respect and trust, I have decided that the federal case must go forward. The integrity of the election is vital and ultimately the rule of law must be our standard," Miller said in a statement. "Nevertheless, I have also decided to withdraw our opposition to the certification of the election, ensuring that Alaska will have its full delegation seated when the 112th Congress convenes next month."

Last week, the Alaska Supreme Court ruled against Miller in his appeal, denying his claim that state law was not followed on counting write-in votes.

In the ruling, the Alaska Supreme Court affirmed the decision of the superior court, saying, "There are no remaining issues raised by Miller that prevent this election from being certified." At the time, a spokesman for Miller's campaign said they were "disappointed" with the decision.

"We are disappointed the Alaska Supreme Court has ignored the plain text of Alaska law and allowed the Division of Elections to effectively amend the state election code without even giving the public an opportunity for notice and comment," Miller spokesman Randy DeSoto said in a statement Wednesday.

The Alaska Division of Elections had already said that the state would move forward to ask the judge to lift the injunction on certifying the election unless the Miller campaign filed an appeal by Monday -- which it will now not do.

The Murkowski campaign anticipated further appeals by Miller.

"We ... anticipate that Joe (Miller) will continue to pursue his baseless claims in federal court until his money runs out," Murkowski spokesman Kevin Sweeney said in a statement last week.

After the election in November, Miller filed a challenge against the Division of Elections to ensure the state law, which calls for write-in votes to match the name of the candidate, was followed. He has argued that Alaska law does not allow the counting of misspelled names on write-in ballots.

However, the Division of Elections set guidelines before counting began that allowed for a voter's intent to be considered when determining whether to count a ballot for a write-in candidate.

Murkowski launched a write-in bid following her loss to Miller, a Tea Party favorite, in the state's August 24 Republican primary.

In the original superior court decisions, a judge ruled that Miller did not provide proof of election official fraud, or that "there would be a sufficient change to the election results if these claims were true."

The Associated Press called the race for Murkowski last month when she had a 10,328-vote lead over Miller, a figure that includes the 8,159 ballots contested by Miller observers. Not including those ballots, she has a 2,169-vote lead.

CNN's Steve Brusk contributed to this report

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High court won't block's don't ask's during appeal - Washington Post

The Supreme Court refused Friday to stop enforcement of the military's "don't ask, don't tell" policy while a lower court hears a challenge to the Pentagon's ban on gays and lesbians serving openly.

The U.S. Court of Appeals for the 9th Circuit is preparing to hear legal arguments in a case brought by the Log Cabin Republicans. The gay rights group is challenging "don't ask, don't tell," and in September a federal district judge found the policy to be unconstitutional and blocked the Pentagon from enforcing the ban.

The appeals court is not likely to set a hearing on the issue until mid-March, and its ruling could come anytime after that. But the Justice Department persuaded the 9th Circuit to lift the judge's stay, prompting the Log Cabin Republicans to appeal to the Supreme Court.

The high court's order Friday came with no explanation and no noted dissent. It provides no clue to how the justices ultimately would rule on the merits of the case, because the only question presented was whether to lift the stay.

Even so, it was notable for one thing: Justice Elena Kagan's decision to recuse herself from the case. Her decision was not explained, but it likely has to do with her service as President Obama's solicitor general and her role in decisions about setting the administration's strategy in response to the suit.

Whenever a justice is recused, that raises the possibility of a 4 to 4 tie. But in this case, it also robs those who oppose "don't ask, don't tell" of a justice likely to be sympathetic. While dean of Harvard Law School, Kagan was an outspoken critic of the policy, though she told conservative critics during her confirmation hearings - both as solicitor general and for the Supreme Court - that she could separate her personal opinion from her legal analysis.

The potential for a tie also increases the importance of the circuit court's opinion. A tie means that the lower court's decision stands but without setting a national precedent.

The American Civil Liberties Union launched a separate legal effort Wednesday against the Pentagon's policy on gays in the military. The group is suing to change the military's rules on the amount of separation pay given to service members discharged for being gay.

ed.okeefe@washingtonpost.com barnesb@washpost.com

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