The Atlanta Journal-Constititution reports:

Libertarian presidential candidate Bob Barr has lost the first clash in his strange Texas fight to keep John McCain and Barack Obama off the ballot in that state.

Campaign manager Russ Verney put out word this afternoon that the Barr campaign’s request for an emergency stay, to block the mailing of ballots to overseas military personnel, has been rejected.

The Texas attorney general successfully argued that an order to halt the shipping of ballots would violate the voting rights of those in the armed services.

Barr contends that the Democratic and Republican nominees are disqualified from appearing on the Texas ballot because they missed the state’s Aug. 26 deadline to certify candidates. Obama was not formally named the Democratic candidate until an Aug. 27 vote in Denver. McCain claimed the Republican nomination on Sept. 3 in St. Paul.

Barr, who was kept off the West Virginia ballot because of a missed deadline, says turnabout is fair play.

The news media has been tentative with this story, uncertain whether the Barr lawsuit is a legal move with profound implications — Texas has 34 electoral votes — or another wispy courtroom sideshow.

But the Dallas Morning News on Thursday had these paragraphs:

The Supreme Court has refused to dismiss the case outright and has asked all parties to file their response to the lawsuit by Monday.

Part of the legal basis for the suit is Bush vs. Gore, by which the U.S. Supreme Court held that “the clearly expressed intent of the legislature must prevail,” and that election laws must be uniformly applied and interpreted.

“Sound familiar Mr. Bush? Sound familiar Republicans?” Mr. Barr said, adding that the state law is unambiguous.

“The Libertarian Party like other parties and independent candidates always face a struggle to get on the ballot and are sometimes excluded from the ballot for the most minor of details,” said state party chairman Patrick Dixon. “We may not like the rules, but we have to play by them.”

Meanwhile, Republicans in Pennsylvania have decided to appeal a judge’s decision last week that permitted Barr to remain on the ballot in that state.