Via scotusblog:
In re: Brunner v. Ohio Republican Party
The Supreme Court, acting on the case after the Circuit Justice, Justice John Paul Stevens referred the matter to the full bench, not only granted the secretary of state’s plea to stay the federal judge’s temporary restraining order, but actually vacated it, thus removing any legal obligation spelled out in that order.
The Per Curiam order is here.
We express no opinion on the question whether HAVA is being properly implemented. Respondents, however, are not sufficiently likely to prevail on the question whether Congress has authorized the District Court to enforce Section 303 in an action brought by a private litigant to justify the issuance of a TRO. See Gonzaga Univ. v. Doe, 536 U. S. 273, 283 (2002); Alexander v. Sandoval, 532 U. S. 275, 286 (2001). We therefore grant the application for a stay and vacate the TRO.
Given 200,000 fraudulent voter registrations readily identified, Sec. Brunner’s rabid partisanship and Acorn’s propensity to ignore voter registration law, Ohio is set to make Florida 2000 look like a walk in the park.
Moe Lane
Dan McLaughlin
Dan Spencer
Jeff Emanuel
Neil Stevens
Caleb Howe
JUST WHAT WE NEED !
FreeCapitalistPig Friday, October 17th at 7:02PM EDT (link)I think you will see some Ohioans get a little pissed off that one party thinks they can steal the election and embarrass the state like this. I mean it was cute to watch Dems cry foul in Florida when they tried to steal the eleciton and the Supreme Court said they couldn’t, but this is serious stuff man. FBI and everything ! I think you will see some inspired voters show up that normally wouldn’t, I don’t think we have much to worry about if I know Ohioans.
Someone in the Ohio GOP got into the wrong vehicle
civil truth (Diary) Friday, October 17th at 7:10PM EDT (link)Terrible outcome, but if we’re going to be consistent in our jurisprudence, then we have to live or die by strict construction.
And since SCOTUS summarily ruled 9-0 without comment that the Federal Law did not afford standing to the Ohio State GOP, it sounds like this was a rather open-and-shut cut case.
Remember, it’s Obama (in Wednesday’s debate) and liberals who based their jurisprudence on starting with a desired result and then twisting the law to achieve that result.
Much as I fear Obama’s ascendency to the Presidency, I fear even more the damage to the rule of law that would ensue if conservatives join liberals in abandoning the rule of law.
It’s one thing if the other side wants to tear down the foundations undergirding our republic; it’s far worse if we are the ones swinging the wrecking ball.
Because then even if we won this battle in Ohio, we’d have laid the groundwork for losing the war.
So it’s the GOP that failed to find the right venue. And if it turns out we’ve got a Catch 22 *situation and there actually is no venue for *mandamus, then that just proves again that elections have consequences – and that the past failings of the Ohio GOP may have severe consequences not just on the voters of that state but for the U.S. as a whole.
Sometimes, life isn’t fair…
Or we do what we can to get out enough voters on our side to make sure that these fraudulent votes don’t swing the election.
The greatest evil…is conceived and ordered (moved, seconded, carried, and minuted) in clean, carpeted, warmed, and well-lighted offices, by quiet men with white collars and cut fingernails and smooth-shaven cheeks who do not need to raise their voice. Hence, naturally enough, my symbol for Hell is something like the bureaucracy of a police state or the offices of a thoroughly nasty business concern. -C.S. Lewis
I agree, CT...
rbdwiggins (Diary) Friday, October 17th at 7:54PM EDT (link)The outcome was a major setback for those of us seeking a lawful and transparent election process, but I too believe SCOTUS decided properly.
As opposed to, for example, Grutter v. Bollinger where the outcome took precedence over the rule of law and constitutional jurisprudence.
Elections do have consequences.
“Well, the trouble with our liberal friends is not that they are ignorant, but that they know so much that isn’t so.” – Ronald Reagan
It's Ridiculous That a Party Doesn't Have Standing
IJB Friday, October 17th at 10:43PM EDT (link)If you want to know why regular people know longer believe in the law or judges, it’s rulings like this.
The idea that an individual voter can’t challenge the eligibility for President of either McCain or Obama, or that a state party can’t challenge this ruling, is everything that’s wrong with the current legal system.
The whole system stinks. I think fewer and fewer people are buying this garbage anymore.
The Constitution charges the Executive with enforcing federal voter laws...
rbdwiggins (Diary) Saturday, October 18th at 7:48AM EDT (link)not the Ohio Republican Party.
Any other decision would require judicial activism.
“Well, the trouble with our liberal friends is not that they are ignorant, but that they know so much that isn’t so.” – Ronald Reagan
i.e. Regular People Have No Recourse When Laws Aren't Carried Out
IJB Saturday, October 18th at 10:47AM EDT (link)Great system. Not.
Not True. There's the "ballot box"...
rbdwiggins (Diary) Saturday, October 18th at 11:08AM EDT (link)Elections have consequences, and the people of Ohio are paying a high price for decisions made in 2006.
“Well, the trouble with our liberal friends is not that they are ignorant, but that they know so much that isn’t so.” – Ronald Reagan
So where is Bush?
Menlo (Diary) Saturday, October 18th at 11:11AM EDT (link)Has he jumped ship to Obama now too?
“The ultimate touchstone of constitutionality is the Constitution itself and not what we have said about it.” -Felix Frankfurter
If my memory serves me correctly,
rbdwiggins (Diary) Saturday, October 18th at 12:36PM EDT (link)the FBI is actively investigating multiple allegations of voter fraud committed by Acorn in at least fifteen battleground states.
More to the point of the order:
“Well, the trouble with our liberal friends is not that they are ignorant, but that they know so much that isn’t so.” – Ronald Reagan
"Consequences" aren't at issue.
Menlo (Diary) Saturday, October 18th at 10:23PM EDT (link)That line sounds like Barbara Boxer talking to a spoiled child.
While it may or may not be applicable in this case, it is illegal for law enforcement, elected or not, to simply ignore the laws they oppose.
The consequences of elections do not serve as a legal justification for not enforcing existing laws. The consequences of elections are the enactment and/or repeal of laws (which must precede enforcement). The fact that 51 percent of voters oppose a law does not give them license to ignore it at will or to have someone they elect do so. Who would want to live in a society that allowed that?
People can’t wait on an election to have existing laws enforced. Anarchy will result. Moreover, an “election” is not a solution if it is illegitimate.
I haven’t done much research into the mess in Ohio. However, I would argue that if one’s law enforcement will not do anything with regard to voter fraud, the solution is simple. Just form a conservative counter to ACORN and like-minded groups to register Republicans multiple times using the cast of Snow White in hopes of countering fraudulent Democrat voters. After all, why should Democrats be the only ones taking advantage of the system?
“The ultimate touchstone of constitutionality is the Constitution itself and not what we have said about it.” -Felix Frankfurter
Because it would make us...
rbdwiggins (Diary) Saturday, October 18th at 11:01PM EDT (link)those on the right who believe in the rule of law, no better than the left.
More to your point: I’ve already addressed that. Look downthread.
“Well, the trouble with our liberal friends is not that they are ignorant, but that they know so much that isn’t so.” – Ronald Reagan
What "rule of law?"
Menlo (Diary) Sunday, October 19th at 12:04AM EDT (link)If it isn’t being enforced, it isn’t really legitimate “law.” There is no rule of law outside a piece of paper and a number that enforcement has declared null and void.
With that mindset, Republicans cannot expect to win. As far as I’m concerned, it would be equivalent to all the Republicans choosing to sit out elections.
It’s the only chance you would have of making law enforcement do it’s job if it is not doing so now. You certainy can’t wait on another fraudulent election.
“The ultimate touchstone of constitutionality is the Constitution itself and not what we have said about it.” -Felix Frankfurter
What law is not being enforced?
rbdwiggins (Diary) Sunday, October 19th at 12:22AM EDT (link)Read my previous post again. Only closer this time.
“Well, the trouble with our liberal friends is not that they are ignorant, but that they know so much that isn’t so.” – Ronald Reagan
It was hypothetical.
Menlo (Diary) Sunday, October 19th at 12:52AM EDT (link)I’m sorry I should have clarified. I was not referring specifically to this case in Ohio.
I was merely responding to the charge that “elections have consequences” in response to a general complaint that a law isn’t being enforced.
I have not researched this case and all the laws involved, so I suppose this is not the best place for this. My apologies.
“The ultimate touchstone of constitutionality is the Constitution itself and not what we have said about it.” -Felix Frankfurter