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| Supreme Court Rules Against Ohio GOP In Voter Registration Case (BUMPED And UPDATE)![]() The Supreme Court is siding with Ohio's top elections official in a dispute with the state Republican Party over voter registrations. The justices on Friday overruled a federal appeals court that had ordered Ohio's top elections official to do more to help counties verify voter eligibility. Secretary of State Jennifer Brunner, a Democrat, faced a deadline of Friday to set up a system to provide local officials with names of newly registered voters whose driver's license numbers or Social Security numbers on voter registration forms don't match records in other government databases. Ohio Republicans contended the information for counties would help prevent fraud. Brunner said the GOP is trying to disenfranchise voters.Stand by for more. SCOTUS Blog has more. It looks to my non lawyer mind that the Ohio GOP lacks standing to ask for the TRO. We express no opinion on the question whetherThe decision was reached by the full court (Per Curiam, learn a little Latin here at the HQ) and not just by Stevens, who is the Justice responsible for the 6th Circuit. UPDATE: Commenters are wondering about the standing issue. Here's what the law, The Help America Vote Act, says about enforcement. SEC. 401. ACTIONS BY THE ATTORNEY GENERAL FOR DECLARATORY AND INJUNCTIVE RELIEF. The Attorney General may bring a civil action against any State orBelow the fold is some of the original post that I moved just to make it more manageable in size. Right now, and there's no reason to think it will change, we are back where we started and Bruner doesn't have to do anything with those 200,000 or so mismatched voter registrations. As many are pointing out in the comments and at the Election Law Blog, if private individuals can't bring suit to enforce the Helping America Vote Act, it's up to the US Department of Justice. Don't hold your breathe waiting for that, they are too busy investigating people who dare point out that it's illegal for non-citizens to vote.*After reading the opinion I reworked the headline to better reflect to the Court's order. Comments1
Which Supreme Court?
Posted by: toby928 at October 17, 2008 11:58 AM (evdj2) Posted by: cbharmon at October 17, 2008 11:59 AM (z3HXX) 3
Was it just one Justice or the entire court?
Posted by: TomV at October 17, 2008 11:59 AM (/PwQS) Posted by: Benson at October 17, 2008 11:59 AM (qzcNU) 5
My big question in all of this: Will Brunner's foot-dragging this week prevent the Ohio GOP from challenging absentee votes by the end of business today?
IMHO, the court should say any absentee votes from those "questionable" voters should be embargoed until Brunner's office gets off their asses and performs verification on them. Posted by: BrandonInBatonRouge at October 17, 2008 12:00 PM (zy8n5) Posted by: toby928 at October 17, 2008 12:00 PM (evdj2) 7
This is about her DOING HER DAMN JOB. This is in Ohio election law, this isn't the Republicans simply harassing her. My God help us all. Ohio was just stolen.
Posted by: Alex at October 17, 2008 12:01 PM (1wLhj) 8
I doubt this--they may have only granted certiorari here, which is not overruling anything. For the entire Supreme Court to have ruled so quickly would be unprecedented. Even in 2000 there was time to file briefs and argue. I suspect it's just a grant of cert to hear the case. Posted by: Steve the Pirate at October 17, 2008 12:01 PM (W54Uh) 9
I have a feeling a few of those liberals on the court really want to retire.
Posted by: TomV at October 17, 2008 12:01 PM (/PwQS) 10
toby928,
You're a day behind. Briefs were filed yesterday, there was a conference today. It was an emergency appeal so no arguments. Posted by: DrewM. at October 17, 2008 12:01 PM (hlYel) Posted by: J.J. Sefton at October 17, 2008 12:01 PM (zpaDL) 12
So they over-ruled the Friday deadline, or...?
Posted by: ECM at October 17, 2008 12:01 PM (q3V+C) Posted by: BrandonInBatonRouge at October 17, 2008 12:02 PM (zy8n5) 14
I'm gobsmacked then, Drew.
Posted by: toby928 at October 17, 2008 12:02 PM (evdj2) 15
Stevens brought it to the full court, they decided for Brunner.
Posted by: Benson at October 17, 2008 12:03 PM (qzcNU) 16
Well, we wouldn't want to disenfranchise any deceased or fictional voters...
Posted by: TomV at October 17, 2008 12:04 PM (/PwQS) 17
And for anyone who doesn't realize the importance of appointing SCOTUS justices....
Posted by: kelley in virginia at October 17, 2008 12:04 PM (JCPTV) 18
So it's no longer a government selected by the people; it's a government selected by the government. I need a drink.
Posted by: spypeach at October 17, 2008 12:05 PM (QwWKI) 19
Shoot me now. The bitch has registrations two years old she has yet to verify. Apparently, there is neither a deadline nor a law that can mandate she do her job.
Posted by: Thomas Dewey '48 at October 17, 2008 12:05 PM (MKM35) 20
Knowing that there is widespread voter fraud, how could you make the argument not to verify registrations, unless you just didn't care about the fraud.
I honestly don't know how this is defensible. Posted by: TomV at October 17, 2008 12:05 PM (/PwQS) 21
Anyone know the votes of the justices?
Posted by: Thomas Dewey '48 at October 17, 2008 12:07 PM (MKM35) 22
And the Attorney General's office doesn't seem to want to get involved...
No one left to turn to but voters... But now we have to win by a big enough margin to cover the fraud. Posted by: TomV at October 17, 2008 12:08 PM (/PwQS) 23
Want to thank someone for this decision? Let's give Gerald R. Ford a big round of applause for nomination Stevens.
Posted by: Benson at October 17, 2008 12:08 PM (qzcNU) 24
I'd like to see the ruling. Did they just rule against the TRO?
Posted by: BTM in the STL at October 17, 2008 12:08 PM (v0dke) 25
I don't understand how this is even remotely possible, unless the law is utterly meaningless now.
Posted by: Rip at October 17, 2008 12:09 PM (tYeYi) 26
Liberals in government everywhere just can't seem to help but cheat and lie to attain their goals, can they? The dead shall rise, and vote repeatedly, apparently. Posted by: sixpckr at October 17, 2008 12:09 PM (jyGLF) 27
Thanks to the Supreme Cocksuckers, democracy just got a major fuckjob.
Posted by: Captain Hate at October 17, 2008 12:09 PM (m2sQh) 28
Why doesn't the full court rule that I don't have to do any of the things mandated by Virginia state law: pay taxes, e.g.? Why are they helping just this woman who is inept, lazy & obviously too partisan to attempt to put an election on an even playing field?
Posted by: kelley in virginia at October 17, 2008 12:10 PM (JCPTV) 29
Revolution.
Posted by: EC at October 17, 2008 12:10 PM (mAhn3) 30
Trivia Time: Samuel Chase is the only Supreme Court justice have been impeached. He was impeached for letting his partisan leanings enter into his decisions. Never convicted by the Senate, but impeached by the House.
Posted by: Benson at October 17, 2008 12:15 PM (qzcNU) 31
The State of Ohio is too busy looking into Joe the Plumber's records to worry about voter registration fraud.
Posted by: zmdavid at October 17, 2008 12:15 PM (EmJHY) 32
Riddle me this, why is the person in charge of Elections in OH a partisan position?
That just seems like a huuuuuuuuge conflict of interest there. Posted by: Techie at October 17, 2008 12:15 PM (d621h) Posted by: Nom de Blog at October 17, 2008 12:15 PM (nOQ1R) 34
The court said they did not have standing.
Posted by: Thomas Dewey '48 at October 17, 2008 12:16 PM (MKM35) 35
Don't worry, the SoS will get around to vetting those registrations as
soon as they've leaked JtP's kids school grades to
Politico..................................
Posted by: Techie at October 17, 2008 12:16 PM (d621h) Posted by: Benson at October 17, 2008 12:17 PM (qzcNU) 37
Any chance for appeal?
Posted by: Dave in PB at October 17, 2008 12:17 PM (CTSya) 38
I used to find it difficult to believe that anything would be worse for our 1A rights than McCain/Feingold.....
Posted by: IllTemperedCur at October 17, 2008 12:17 PM (Ds4I5) 39
this is getting way too scary now
Posted by: CInAz at October 17, 2008 12:18 PM (qIOmI) 40
Nevermind, here it is.
http://www.supremecourtus.gov/opinions/08pdf/08A332.pdf It's a per curiam opinion that a private actor was not authorized by Congress to enforce Section 303 of HAVA. Posted by: Nom de Blog at October 17, 2008 12:18 PM (nOQ1R) 41
The ruling was per curiam - I think that means it came from the court as a whole, without identifying a particular judge as the author of the opinion.
The ruling seems to question whether a District Court can issue a TRO in an action brought by a private litigant. Posted by: cbharmon at October 17, 2008 12:18 PM (z3HXX) 42
That order is so fucking weak. If the GOP doesn't have standing, who the fuck does?
Posted by: BTM in the STL at October 17, 2008 12:19 PM (v0dke) Posted by: Ken at October 17, 2008 12:19 PM (vgyJ5) 44
Probably the state attorney general.
Posted by: cbharmon at October 17, 2008 12:20 PM (z3HXX) 45
Are you fucking kidding me? If only we could impeach elected officials in Ohio. This is ridiculous that 200,000 potentially fraudulent votes will be counted. I am thoroughly disgusted at this lady. This is worse than anything the Democrats have ever accused republicans of doing in 2000/2004. HORRIBLE!
Posted by: devilish at October 17, 2008 12:20 PM (5ui08) 46
Check Drew's update. The ruling is specifically about the TRO...and I think the court probably has a point there. I don't like the ruling, of course...but it is not a betrayal of their duty either. TROs are supposed to be hard to get and then only available to parties with standing. Look, the Repubs have gotten a lot out of this. Their base is mad ( and will be madder now) and all the undecideds are noticing what ACORN is doing. The FBI is involved with ACORN nation wide. Relax. Keep working.
Posted by: The Obvious at October 17, 2008 12:21 PM (1g+FW) 47
The AP says:
In a brief unsigned opinion, the justices said they were not commenting on whether Ohio is complying with a provision of the Help America Vote Act of 2002 that lays out requirements for verifying voter eligibility. Instead, they said they were granting Brunner's request because it appears that the law does not allow private entities, like the Ohio GOP, to file suit to enforce the provision of the law at issue. Posted by: Benson at October 17, 2008 12:21 PM (qzcNU) 48
Sneak peek of coming attractions if Barry wins and gets his 2-3 Supreme Court nominees. Of course if the rule of law just got flushed for the liberal "greater good", does it matter? Posted by: jjshaka at October 17, 2008 12:21 PM (H+FhZ) 49
Time to get the old time voting machine out of the closet.
Posted by: Dennis at October 17, 2008 12:21 PM (HPd5W) 50
Brunner has a gold future as an ACORN executive.
Posted by: toby928: Caesarist at October 17, 2008 12:21 PM (evdj2) Posted by: jadedinga at October 17, 2008 12:21 PM (LJnG/) 52
Between you and Dowd the real news this election season is "Latin is Making a Comeback."
Posted by: Long Island at October 17, 2008 12:22 PM (Cjir0) 53
@46, that won't be much consolation when the Dems literally steal the election.
Posted by: BTM in the STL at October 17, 2008 12:22 PM (v0dke) 54
It was a 2 page, per curiam (unsigned) opinion by the entire court. The relevant portion 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. They essentially ruled that the Republicans probably cannot show that the District Court has jurisdiction to decide the issue in a private lawsuit, if I am reading this correctly. This is conservative judicial restraint. The conservative justices decided this on the law even if the result ends up being wrong. Of course the liberal wing loves the result. Posted by: the real joe at October 17, 2008 12:23 PM (NJ/RA) 55
Repeat Post All I can say now is wow. SCOTUS has sided with fraud. Their ruling isn’t based on the law, the likelihood of fraud, or anything else reasonable. It is based on whether or not the plaintiff would prevail on the question of whether a private citizen has the right to sue under the HAVA, There is no fucking justice here. Here is the rulingfrom scotusblog.
Folks we are getting closer to a banana republic here and leader for life.
Posted by: Vic at October 17, 2008 12:25 PM (b1ysY) 56
What #48 said. The way the court is now, what would it matter if the Messiah appoints twenty new justices, starting with Bill Ayers. We are screwed.
Posted by: Old Coot at October 17, 2008 12:25 PM (97mq+) 57
My friend, from Ohio, just sent me this email commenting on the economy. It would serve just as well for the new democrat voting procedures.
Orwell's protagonist, Winston Smith, wonders if the State might declare "two plus two makes five" as a fact; he ponders that, if everybody believes in it, does that make it true? Smith writes, "Freedom is the freedom to say that two plus two make four. If that is granted, all else follows." Later in the novel [1984], Smith attempts to use doublethink to teach himself that the statement "2 + 2 = 5" is true, or at least as true as any other answer one could come up with. Later in the novel, Winston Smith is electroshocked into declaring that he saw five fingers when in fact he only saw four ("Four! Five! Six! I don't know!"). Posted by: Dennis at October 17, 2008 12:25 PM (HPd5W) 58
Devlin,
Come on. Not all 200,000 bad registrants will be votes. Get real. Calm down. 200,000! That's ridiculous. There's only going to be, like, maybe 50,000 fraudulent votes in Ohio. Quit the whiney conspiracy stuff. Posted by: TomV at October 17, 2008 12:25 PM (/PwQS) 59
quick, somebody go to the court and test the water in the coolers.
Posted by: incognito at October 17, 2008 12:28 PM (Rpam5) 60
The real joe,
Yep, I think you got it. And boy doesn't it give the Repubs something to rally around. It's not the ruling I would have liked but it won't be as damaging to the Repubs as some think either, maybe. We'll see. Posted by: The Obvious at October 17, 2008 12:28 PM (1g+FW) 61
So it's no longer a government selected by the people; it's a government selected by the government. I need a drink. That about sums it up. I just have no words. Simply no words..... Posted by: Twinks at October 17, 2008 12:28 PM (7QUxD) Posted by: KCLady at October 17, 2008 12:28 PM (4eYzF) 63
The people in Ohio should take to the streets. Hell, the people all over the country should take to the streets. Posted by: Vic at October 17, 2008 12:28 PM (b1ysY) 64
Ace, what more needs to go wrong until you're convinced to move on the two stories you and others are sitting on? Leak them now. Posted by: Paulitics at October 17, 2008 12:28 PM (iYguc) 65
Nope. The culprit is W.
Enforcement of the federal HAVA statute is handled by the Attorney General. I am wading through section 400, the enforcement provisions. W's justice department has done a bang up job in not stopping voter fraud. Posted by: joeindc44 at October 17, 2008 12:30 PM (QxSug) Posted by: Paladin at October 17, 2008 12:30 PM (ZO0u/) 67
Perhaps Gabriel can correct me on this, but I believe that the Justice Department can sue for the enforcement.
Posted by: Benson at October 17, 2008 12:30 PM (qzcNU) 68
22 And the Attorney General's office doesn't seem to want to get involved...
No one left to turn to but voters... But now we have to win by a big enough margin to cover the fraud. Posted by: TomV at October 17, 2008 12:08 PM (/PwQS) Yep. SCOTUS said a private entity like the OH GOP doesn't have standing to file suit. So who would? Only a public (ie government) entity? So only government is allowed to sue to regulate government? Am I missing something here? Posted by: funky chicken at October 17, 2008 12:31 PM (xyyHG) 69
@TomV,
Thanks for calming me down...only 50,000 fraudulent votes. I feel much better now. P.S. I said potentially fraudulent, but don't let a lack of reading comprhension stop you from attacking me. Posted by: devilish at October 17, 2008 12:32 PM (5ui08) 70
65 Nope. The culprit is W.
Enforcement of the federal HAVA statute is handled by the Attorney General. I am wading through section 400, the enforcement provisions. W's justice department has done a bang up job in not stopping voter fraud. Posted by: joeindc44 at October 17, 2008 12:30 PM (QxSug correct Posted by: funky chicken at October 17, 2008 12:32 PM (xyyHG) 71
TITLE IV--ENFORCEMENT
SEC. 401. ACTIONS BY THE ATTORNEY GENERAL FOR DECLARATORY AND INJUNCTIVE RELIEF. The Attorney General may bring a civil action against any State or jurisdiction in an appropriate United States District Court for such declaratory and injunctive relief (including a temporary restraining order, a permanent or temporary injunction, or other order) as may be necessary to carry out the uniform and nondiscriminatory election technology and administration requirements under sections 301, 302, and 303. Otherwise, private citizens only get to complain to the state. The state handles teh complaints as they see fit. Posted by: joeindc44 at October 17, 2008 12:33 PM (QxSug) 72
The Justice Dept. has been conspicuously absent or at least glacially slow in fighting voter fraud. I guess, like most others, they don't want to be called racist.
Posted by: the real joe at October 17, 2008 12:33 PM (NJ/RA) 73
Devilish,
I was being sarcastic. I wasn't mocking you but those downplaying the fraud. Sorry about that. Posted by: TomV at October 17, 2008 12:34 PM (/PwQS) 74
Standing, or no private cause of action? Either way, looks like AGAG had better get off his ass.
Posted by: someone at October 17, 2008 12:35 PM (2z2WN) 75
Basically what that means is the act is totally fucking worthless. The government will never act to prevent the government from fraud. Posted by: Vic at October 17, 2008 12:35 PM (b1ysY) 76
Maybe we should do what they do in Iraq, dip their fingers in ink.
Posted by: tcbevo at October 17, 2008 12:35 PM (zBPvU) 77
Oops. AGAG is gone now, thank god. Geez.
Posted by: someone at October 17, 2008 12:35 PM (2z2WN) 78
I for one think that this fear of being called a racist is sending race relations backwards about 30 years.
Posted by: TomV at October 17, 2008 12:35 PM (/PwQS) 79
I still don't understand why illegal votes should count, even if Jesus Christ doesn't have enough standing to question it.
Posted by: Rip at October 17, 2008 12:35 PM (tYeYi) 80
"Basically what that means is the act is totally fucking worthless."
Yes, but you can't rewrite the law to make it say what you want it to say. That's what lefties do. Posted by: someone at October 17, 2008 12:36 PM (2z2WN) 81
The Ohio Attorney General was appointed by the governor to fill out the term of the last AG, who resigned earlier this year. The current AG is NOT running in the special election on 11/4.
Translation: very lame duck who is NOT going to want to get her hands dirty during this election cycle. Chaos may indeed rule in Ohio on 11/4. Posted by: cbharmon at October 17, 2008 12:36 PM (z3HXX) Posted by: devilish at October 17, 2008 12:38 PM (5ui08) 83
I bet the entire election will end up in the Supreme Court again. This sets it up.
We need voter IDs, pronto. Bastards. Posted by: PJ at October 17, 2008 12:38 PM (GVdvM) 84
Per the decision:
The Secretary is expressly authorized to “deal with violations, What they don't answer is what is the mechanism to force the Secretary of State to do her job? Posted by: Thomas Dewey '48 at October 17, 2008 12:38 PM (MKM35) 85
In this case, per curiam means that it is a decision from the whole court but they are not going to give the breakdown. It also means that it was NOT unanimous. These types of actions are supposed to be rare and dealing with simple uncontroversial matters. Posted by: Vic at October 17, 2008 12:39 PM (b1ysY) 86
She's up for re-election in 2010. If there's any justice, OH voters will turn her out. That's assuming, of course, that elections are still held in 2010. That's also assuming that Brunner doesn't scan my brain and make my head asplode before I finish this possssssssssssssssssssssssssssssssssssssssssssssssssssssssssssss Posted by: railwriter at October 17, 2008 12:40 PM (nwEiU) 87
What they don't answer is what is the mechanism to force the Secretary of State to do her job?
Mandamus. Posted by: Blacksheep at October 17, 2008 12:43 PM (EQYOq) 88
You know why the AG and DoJ isn't pushing hard on Voter Fraud?
Becasue that'd be RACIST!!! SUPRESSION!!!!!111!!DISENFRACNCHISMENT!!!!!!!!!!! CANCELTHEELECTIONS HITLERSHRUB. WHY DO REPUBLIKKKANS HATE YOU SO?? Posted by: Techie at October 17, 2008 12:44 PM (d621h) 89
The W justice department needed a bigger shake up. You would think that stopping voter fraud would be a priority. Nope, they're instead prosecuting people like Tan Ngyen.
The justice department is going to get a lot worse under Obama. Let's see, how about universal suffrage, regardless of residence or citizenship (but exceptions will be made for party identification). Posted by: joeindc44 at October 17, 2008 12:45 PM (QxSug) 90
She's up for re-election in 2010. If there's any justice, OH voters will turn her out. That's assuming, of course, that elections are still held in 2010.
That is assuming that all of the graveyards in Ohio don’t empty and go to the polls to vote FOR her.
That is the point of all this hell raising. Fraudulent elections don’t guarantee shit except that who ever cheats the best wins. They are also a sign that the shootin’ is about to begin. Posted by: Vic at October 17, 2008 12:45 PM (b1ysY) 91
SCOTUS has just set this whole election up for a "shit hits the fan" incident. ACORN better hope that 'voter's' don't show up in greater numbers than the population of the state.
But then, I'm sure they'll come up with a reason why the numbers don't match up. Posted by: GarandFan at October 17, 2008 12:46 PM (eJ32B) 92
wow ... ca democrat leadership sending out mass emails to californians URGING them to vote, to make sure their registration is valid. wonder what their ca internal polls are showing them? that americans do not want to elect a fraud (cheat, liar) as potus? interesting.
i have a feeling either mac wins in a landslide or the election results will not be settled until 2010. Posted by: incognito at October 17, 2008 12:47 PM (Rpam5) 93
My last, desperate hope is that the Justice Dept. is preparing to move, just managing to keep it a secret (unlike anything else it did during Bush's two terms.)
It's an illogical hope, but it's the only one I've got. Otherwise I am going to go crazy. Posted by: Amy at October 17, 2008 12:49 PM (U0dI+) 94
Is there not a DA with any cajones in OH to bring this case again on behalf of the people of the state of OH? WTF is wrong with them? In a state of 88 counties, not a single goddam feels the need to protect the intgrety of the electoral process?
Posted by: Jazz at October 17, 2008 12:49 PM (hnq5i) 95
ACORN better hope that 'voter's' don't show up in greater numbers than the population of the state.
Why not? Once the votes are cast it's too late. The fuckers will just be laughing at us at that point. Posted by: the real joe at October 17, 2008 12:50 PM (NJ/RA) 96
this seems worthy of bump up
Posted by: CInAz at October 17, 2008 12:50 PM (qIOmI) 97
It is a standing issue (my analysis here). The problem is that the US Attorney General needs to be the one bringing this suit. So where is he Bush?
Posted by: Brad at October 17, 2008 12:51 PM (zTZGo) 98
In a state of 88 counties, not a single goddam one feels the need to protect the intgrety integrity of the electoral process?
Um. Yeah. THAT'S what I meant. Fury really fucks with my spelling and grammar. It's like literal glossolalia. Posted by: Jazz at October 17, 2008 12:51 PM (hnq5i) 99
Obambi's on Fox right now rambling on about pie again in his southern accent.
Posted by: Dave in PB at October 17, 2008 12:52 PM (CTSya) 100
Brad: It is a standing issue. The problem is that the US Attorney General needs to be the one bringing this suit.
I believe it's a state law that's at the heart of the matter. State claim won't fly in federal court without some sort of ancillary or pendant jurisdiction. Posted by: Jazz at October 17, 2008 12:55 PM (hnq5i) 101
Hmmmm. Now I will consider W as a complete and utter fucking failure as POTUS. What a royal screwing we have received.
Posted by: Constitutionista at October 17, 2008 12:56 PM (X7Ey1) Posted by: DrewM. at October 17, 2008 12:57 PM (hlYel) 103
I need to think before I write. Apologies to Brad.
Posted by: Jazz at October 17, 2008 12:58 PM (hnq5i) 104
I need to think before I write.
Why, you don't want to fit in with the rest of us? You think you are better than us? Elitist! Posted by: DrewM. at October 17, 2008 01:00 PM (hlYel) 105
Perhaps we should form a group called POCB (Pissed Off Conservative Bloggers) and go to CA and steal the election there by forging new voter rolls and bussing Zombie Voters from poll to poll. Posted by: Vic at October 17, 2008 01:00 PM (b1ysY) 106
time for a moron question, re: "It looks to my non lawyer mind that the Ohio GOP lacks standing to ask for the TRO." does this mean that a group of voters - just ordinary anyone's in OH could press suit on this? Bc, they have the right to a fair and equitable election, right? One free of voter fraud.
Posted by: freetofly at October 17, 2008 01:03 PM (tJCAt) 107
freetofly,
No. According to the court, all private actions would be suspect and not meet the threshold for a TRO. Posted by: DrewM. at October 17, 2008 01:06 PM (hlYel) 108
does this mean that a group of voters - just ordinary anyone's in OH could press suit on this ?
No, only the U.S. A.G. has that authority, as I said earlier, the law is worthless. Posted by: Vic at October 17, 2008 01:07 PM (b1ysY) Posted by: CInAz at October 17, 2008 01:08 PM (qIOmI) 110
Even though I intend to vote against Big 0, this precedent in Ohio pretty much sets the stage for a stolen election across the nation. Unless something miraculous happens I see a 43 state win for the Zero, even if the popular vote is fairly close. Any states that are close internally will be recounted until they 'find' enough votes for the big Zero. After Barry wins it will be thirty years of darkness. Posted by: chuck in st paul at October 17, 2008 01:08 PM (jDpso) 111
The lack of standing is only with regard to HAVA the federal statute under which the suit was brought. I have no idea whether there is a separate state statute which might give OH residents or GOP a cause of action.
Posted by: the real joe at October 17, 2008 01:10 PM (NJ/RA) 112
Well, thumbs up for this blog for running with this news. But thumbs down for such horrible news. Does anyone know any US Attorneys? Posted by: kelley in virginia at October 17, 2008 01:12 PM (JCPTV) 113
Please no more talking about revolution, AoSHQ will end up as a headline on ABC, CBS and NBC. Besides if we do have tyranny under Obama it will give him a good excuse to round up conservatives as dangerous revolutionaries. I accept our flawed system even if it means the agents of its destruction come into power. I love my country and don't plan on leaving it unlike so many liberals after 04. If it comes to being ruled over by socialist tyranny let us talk of fighting for restoration, not revolution.
Posted by: Drew in MO at October 17, 2008 01:12 PM (tZSlD) 114
This is unfortunately the correct decision. HAVA doesn't give anyone but the DOJ (in Washington, through the left leaning Civil Rights Division), or perhaps the local US Attorney (but they kick it to DC) the power to enforce HAVA against a Secretary of State. I should know, I'm dealing with a guy named Brian Heffernan in DC now on something. He's a leftist hack, so I'm led to believe, and has done nothing with our complaint.
Posted by: moronizer at October 17, 2008 01:15 PM (p1s9n) 115
Fucking bullshit. The ACORNs are going to steal Ohio and get away with it. There goes the election.
Oh, for the gunfire to begin from this one. Hypothetically, of course. Posted by: SGT Dan at October 17, 2008 01:16 PM (eAUyf) 116
Standing matters. That's the ruling. I agree that it totally sucks but it is, in fact, the legally correct determination.
This simply points out what I tell people (and sometimes our clients) over and over again - courts exist to rule on the law and not dispense justice. As a practical matter, I totally disagree with this ruling. As a legal matter, I have to swallow hard and admit its correct. I'll admit to bias here, I had to deal with a year long knock down fight over a standing issue which The Firm lost and which totally screwed over a very injured person. So I'm know how much it bites and I know that standing issues do have to be treated seriously. Posted by: alexthechick at October 17, 2008 01:16 PM (SHHaV) 117
92 wow ... ca democrat leadership sending out mass emails to californians URGING them to vote, to make sure their registration is valid. wonder what their ca internal polls are showing them? that americans do not want to elect a fraud (cheat, liar) as potus? interesting.
i have a feeling either mac wins in a landslide or the election results will not be settled until 2010. Posted by: incognito at October 17, 2008 12:47 PM (Rpam5) link please? Yeah, something is REALLY not adding up this year. And Bush and his worthless asshole administration just sits on their thumbs and watches Obama do his damndest to steal this election. It's making me think worse of Bush pretty much every passing day. McCain called for the surge starting in 2004. McCain opposed the Medicare drug plan and all those porkfests that Bush encouraged and signed. Are we seeing the final result of GW Bush's personal animus toward a person who is just a better man than he is? What alternative explanation can there be? Posted by: funky chicken at October 17, 2008 01:18 PM (xyyHG) 118
Posted by: CInAz at October 17, 2008 01:08 PM (qIOmI)
Looks like it. See the update. This is part of wanting judges who will follow the law not make it. Yeah, the left uses that idea when it's convenient but the right tends to stand on principle. Posted by: DrewM. at October 17, 2008 01:24 PM (hlYel) 119
So what the heck is the holdup from the AG? -- they could just photocopy the same stuff on their letterhead and refile it.
Posted by: cthulhu at October 17, 2008 01:25 PM (yp/p1) 120
Look at the bright side. This should remind everybody about the importance of Supreme Court nominations.
Posted by: WalrusRex at October 17, 2008 01:27 PM (DVVXZ) 121
The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants. - Thomas Jefferson We're getting very, very close to one of those times.
Posted by: thirteen28 at October 17, 2008 01:27 PM (s8N54) Posted by: DrewM. at October 17, 2008 01:28 PM (hlYel) 123
So Ohio Party Chairman contact the RNC who contacts Bush who contacts the AG and away we go! If the standing was so clearly spelled out in HAVA, how come the Ohio GOP didn't know or apparently nobody at all point this out before just a few minutes ago? Is the Republican party really run by morons? Posted by: Ken at October 17, 2008 01:29 PM (vgyJ5) 124
If the quoted part of the law is correct, then it isn't the Supremes who are the problem. Where's the AG?
Posted by: cthulhu at October 17, 2008 01:30 PM (yp/p1) 125
HAVA doesn't give anyone but the DOJ (in Washington, through the left
leaning Civil Rights Division), or perhaps the local US Attorney (but
they kick it to DC) the power to enforce HAVA against a Secretary of
State.
When it comes down to it, this is why the donks fought so hard so that GWB couldn't fire the cocksucker US Attorneys that he wanted to run, no? Posted by: Captain Hate at October 17, 2008 01:30 PM (m2sQh) 126
That death rattle you hear is America's freedom dying because of a technicality.
Posted by: David at October 17, 2008 01:31 PM (HAdov) 127
You all can thank Bob Ney, he wrote HAVA. Republicans are hoist on their own petard this time. They generally do not like private rights of action, especially in election law, because it is usually the Democrats who try to litigate elections. Ken Blackwell was still Ohio SOS when HAVA was enacted and he would have done his job on all these registrations. If the people of Ohio don't care that they have a corrupt Secretary of State or that the election may be stolen right under their noses, there isn't a hell of a lot we can do about it. I know if I lived there I would be in Columbus every goddamn day until the election, protesting, and I would be calling every state legislator and every news outlet in the state demanding that they hold Brunner accountable. Posted by: rockmom at October 17, 2008 01:32 PM (iZqUY) 128
So Ohio Party Chairman contact the RNC who contacts Bush who contacts the AG and away we go!
Exactly. How hard is to read the freakin' statute and get the right nominal plaintiff on the pleading in order to establish standing? Posted by: Blacksheep at October 17, 2008 01:32 PM (EQYOq) 129
What alternative explanation can there be?
That Dubya is a fucking moron, is in over his head, doesn't have a clue, and (politically speaking) cashed-in after the 2006 election and is just playing out the string until 1/20/09. I mean, it's really just as plausible as is the "Bush is sticking it to Maverick" thought, right? Oh, and we are so totally freaking screwed. Posted by: DocJ at October 17, 2008 01:33 PM (g8ibn) 130
Yes, Drew, sorry for mentioning it, but I've gone and helped clean up a couple foreign shitholes after the elections broke down, the countries imploded, and the mass graves started to fill up. I learned one thing hard- it can happen anywhere.
Posted by: SGT Dan at October 17, 2008 01:33 PM (eAUyf) 131
If the analysis is correct I am not disappointed by the Supreme Court. The law is the law.
Whom I am pissed at know is whoever does have standing failing to engage the matter to protect the voting rights og Ohio's citizens. Somebody is derelict in their duty and they need to brave the cries of racism to do the right thing. Posted by: TomV at October 17, 2008 01:33 PM (/PwQS) 132
This is part of wanting judges who will follow the law not make it.
Yeah, the left uses that idea when it's convenient but the right tends
to stand on principle.
Exactly. Most of the comments here are this sucks and the AG should do something, not urging the Court to ignore the plain text of the statute and rule on the equities. Yes, it's a bitter pill when strict construction means that the ruling is against your side. But that's the price to be paid. Posted by: alexthechick at October 17, 2008 01:33 PM (SHHaV) 133
This post would be much better with phone numbers. We found out Joe the Plumber's complete voting history in three days. We have to be able to find [b]someone[b] in the AG's office that will actually answer the phone.
Posted by: Al at October 17, 2008 01:34 PM (Lk931) 134
Excuse me, maybe it's just that I'm not a supersmart lawyer or judge or justice or anything, but section 401 doesn't prevent the OH GOP from doing anything. It is not exclusionary. The AG can bring a civil suit, but there's nothing in that paragraph that prevents, say, Joe the Plumber from bringing one also.
Posted by: AmishDude at October 17, 2008 01:36 PM (T0NGe) 135
Unfortunately, HAVA is a crappy law. This is conservative judicial restraint. The conservative justices decided this on the law even if the result is horrid. Of course the Left loves the result. Who to blame? the "republicans" who let themselves be demogagued on HAVA.
Posted by: Curmudgeon at October 17, 2008 01:38 PM (ujg0T) 136
Who is John Galt?
Posted by: Who cares at October 17, 2008 01:39 PM (AQj/2) 137
What Alex said. The conservative justices probably took a look at the suit, considered the standing argument for about five seconds, and said "ugh ... what morons ... go with the per curium."
For all we know, C.J. Roberts wrote it himself and w/o comment on the merits (see the opinion) in order to streamline the process and give those who do have standing a chance to quickly re-file the suit correctly. Nothing stops the U.S. AG's office for filing for a TRO tomorrow. Posted by: Blacksheep at October 17, 2008 01:40 PM (EQYOq) 138
The reason the Ohio GOP brought the case as a private right of action is because:
1) HAVA is not exclusionary on who has standing, and justices freely read private rights of action into statutes all the time. Unfortunately our strict constructionists ruled against on this one. 2) The Bush Justice Department is already stung enough from the previous run ins with voter fraud. You will not see them bring an action on this. 3) The Ohio Attorney General is a Democrat. She will not bring an action on this. 4) It is unknown whether any county prosecutors can bring an action under this, and I'm guessing unlikely. Posted by: Tabris at October 17, 2008 01:42 PM (SZynM) 139
A=B, 2+2=5, looters & moochers = victims, empty suit = change we can believe in. Y'all better get with it or you're gonna end up branded as anti-party elements & go to the gulag. Rob, voting 30 times in OH. Posted by: Rob at October 17, 2008 01:42 PM (Ioqq6) Posted by: Kent at October 17, 2008 01:43 PM (g5dN9) 141
Please no more talking about revolution, AoSHQ will end up as a headline on ABC, CBS and NBC. Besides if we do have tyranny under Obama it will give him a good excuse to round up conservatives as dangerous revolutionaries. I accept our flawed system even if it means the agents of its destruction come into power. I love my country and don't plan on leaving it unlike so many liberals after 04. If it comes to being ruled over by socialist tyranny let us talk of fighting for restoration, not revolution. I beg to differ. When a political party is complicit in rigging an election by violating established laws, then the US is reduced to the equivalent of Zimbabwe under Mugabe. How did that work for him? Better yet, how did that work out for Mugabe's opposition? Do you see things getting better there anytime soon? The Ohio SoS has been caught red-handed with 200,000 fraudulent voter registrations, more than enough to tip the balance based on the 2004 Ohio results, and the only thing that could possibly stop Brunner is Brunner's own conscience. Do I make my point?
Posted by: EC at October 17, 2008 01:44 PM (mAhn3) 142
TWO QUESTIONS:
can the FBI shut the whole operation down if they find enough fraud... and can SOMEONE PLEASE tell me is Colin Powel going to endorse OBAMBI??? WHYYYYYYYY???? Posted by: christy at October 17, 2008 01:47 PM (fM0gW) 143
Amish Dude, The exclusionary interpretation would be typical in a case like this. The law is not silent on enforcement, so we look at who may enforce it. Which in this case is the AG. Latin-digging lawyers would call it "expressio unius est exclusio alterius (The express mention of one thing excludes all others)." Posted by: Karl at October 17, 2008 01:48 PM (qje1A) 144
This is what happened to we Clinton Dems in the primaries, no one had standing to sue, it was a private party amtter, and we had 'no protection' under the Constitution they say. Now SCOTUS says private people also dont have standing to sue to enfore federal law on voter registration..
okay can someone in Ohio, file against the State AG for failing to file for injunction on behalf of the people of Ohio?? thereby forcing the AG of OI to file? or perhaps waking up the Justice Dept? I know MAC/PALIN will win. However, I also know how Barry rolls and they will not just go asway after they lose. They will scream fraud and WE will have to defend ourselves and then be in SCOTUS trying to fight our way out of using the provisional ballots ALL these fraudulent ACORN rats will file on Nov 4th and THEN there will be race cards flying left and right and screams of supression and Ayers and friends, and the Peoples Republic of Berkley, flanked by race batining Clyburne SC and Pelosi and Reid and Obummer will scream the house down with MSM colluding and the EU tsk tsking GOOD GRIEF this is their entire strategy and what can we do to slow it down anf try to get the Justice Dept to take a look and try to head off this madness? Posted by: ginaswo at October 17, 2008 01:51 PM (UF53w) 145
140
... and: that's the election, right there. *sigh* It was a nice country, while it lasted. Posted by: Kent at October 17, 2008 01:43 PM (g5dN9) BULLSHIT GET OUT AND VOTE DONATE TO CAMPAIGNS VOLUNTEER AT VOTING PLACES Posted by: funky chicken at October 17, 2008 01:51 PM (xyyHG) 146
Very depressing, but at least it was the full court. If there is a technical legal reason for the GoP not being able to contest Brunner then that is the law. Next question to ask is who would have standing to contest what she's doing? I sympathize with the revolution statements. For quit a while now I've believed that the only thing to restore America after the radical leftists capture the remaining branch of government will be a revolution and/or shooting civil war. There isn't a doubt in my mind that with complete control of the government they are going to make fundamental changes to the way America has always worked and nothing less than the above will reverse them. Obama intends to follow the Hugo Chavez model and do it all "legally". Posted by: SamIam at October 17, 2008 01:52 PM (jl7C/) 147
Christy, I'd give you an answer, but you know it already.
Posted by: funky chicken at October 17, 2008 01:53 PM (xyyHG) 148
Hmmmm.
Soooooo. It would take Bush having -balls- to confront Democrats? Well McCain is fucked. So are we in a few respects. But, in a sad way, it is rather amusing that Mr. Across the Aisle McCain is royally ass-fucked by his friends the Democrats. Posted by: Mrs. Butterworth at October 17, 2008 01:53 PM (f4Zt4) 149
Christy--I'd also say that it's evidence that all is not wine and roses in Camp Obama. They wouldn't need to play the Colin Powell card if they were really looking at an easy win.
Posted by: funky chicken at October 17, 2008 01:54 PM (xyyHG) 150
Excuse me, maybe it's just that I'm not a supersmart lawyer or judge or
justice or anything, but section 401 doesn't prevent the OH GOP from
doing anything. It is not exclusionary. The AG can bring a civil
suit, but there's nothing in that paragraph that prevents, say, Joe the
Plumber from bringing one also.
Super super short version with multitudinous exceptions left out - a statutory right of action can only be brought by those who are granted standing in the statute. So this is, in point of fact, exclusionary. If a specific group/entity is named as being the one to bring suit, only that group/entity can do so. Now, the comment about private causes of action being found all the time regardless of what the statute, you know, says is very true. Courts constantly find all kinds of loopholes and exercise the inherent equity power of the court to grant standing due to the harm done and the insufficiency of the state to adequately protect private interests yadda yadda yadda. For those of us who oppose that in other contexts, well, man up and take it here. Posted by: alexthechick at October 17, 2008 01:54 PM (SHHaV) 151
"expressio unius est exclusio alterius (The express mention of one thing excludes all others)."
But that's stupid. The English language has perfectly good words like "only" for this purpose. If the legislators didn't use such a word, they didn't intend to use such a word and the language of the paragraph means what it says it means. Larger issue: This is a nation of laws and laws should mean what they say. We are not (or shouldn't be) a nation that is an oligarchy of the legal profession with its arcane and illogical rules. But thank you, Karl, I don't blame you. When the revolution comes, we will spare a few lawyers like yourself and will train you for plumbing. Posted by: AmishDude at October 17, 2008 01:55 PM (T0NGe) 152
The FBI will not do a fucking thing and the DOJ is too busy putting border agents in prison. We the people will have to do it ourselves or suffer the consequences. Remember what Ben Franklin said
"Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety."
Posted by: Contractem at October 17, 2008 01:57 PM (kfpmg) 153
That's it. Over. Get ready for Obama for life.
GOP's problem -- following the law, instead of counter-stuffing the ballots themselves. Posted by: whiskey at October 17, 2008 01:59 PM (4878o) 154
What a clusterfuck. You mean nobody knew this already?
The lowers courts couldn't read the statue either? The Repubs have been taking this shit since Nixon in 1960, it has to stop. Bush needs to get the AG on this now. It is a national problem. Ohio is just the head on the big zit of voter fraud right now. It's time to bust this baby and deal with it. Posted by: Rocks at October 17, 2008 02:00 PM (Q1lie) 155
maybe i'm not understanding...if she doesn't do anything with the registrations, wouldn't the county boards then have the right NOT to send ballots for these unverified registrants? Wouldn't you have to be verify before you are allowed a vote???
I must be missing something here... Posted by: Kris G at October 17, 2008 02:02 PM (7GZEI) 156
christy
I know and wont it be amazing to see the neo progressive Obummer Dems twist in a pretzel to somehow accept the Powell endorsement when they are such such 'doves' on the war and hate Hillary so much for her AUMF vote.. I saw the video of Powell dancing too, maybe he feels like he got screwed and is making a statement to try and redeem himself in history, maybe he believes the MSM frame that he was an unwitting tool who lied to the UN, yada yada. It will be a hit with Independents I think, they love Powell. I dunno, I am a shell shocked 20 yr DEM, PUMA, voting country first, looking around, blinking as the groups I belonged to and contributed to and the politicians I thought represented us, all were revealed to be absolute horror shows. They came right out and told us, WE DONT NEED YOU, GO AWAY, the blue collar workers, women, "ethnic Dems', moderates, other minorities (cause in their frame there is only one this season), Catholics, Seniors. Queen Donna Brazille on CNN said we dont need the base, we have a new coalition of people of color and youth, and Begala said you cant win with AAs and eggheads. Donna told we PUMAS before we were PUMAS on her Blackberry nasty messages including MESSAGE TO BASE. STAY HOME. Obummer has the silicon valley IT exec youth money in his pocket and Soros on his shoulder, Good Grief, I just want the GOP to lay down the 160mill and blanket the airwaves with the truth about Obummer. I know we have the win for MAC, becuase ALL of we moderate DEMS are coming over, I am totally convinced of it, totally. SO if we get conservative, HA!! in our estimate, and only count 1/3 of we 18 million DEM primary voters coming over, thats 6 million of us. So can we energize the GOP base, consolidate the Indies, and then with the minimum of 6 million crossover DEMS have a big enough margin to overtake the ACORN frauds and stuffed ballots of Lake County and others see NC on Nov 5th? Barry ususally threatens rioting when it is a close race, to encourage people to be fearful and just vote for him to avoid trouble. It worked with our Superdelagates in our primary (and their manufactured white guilt or whatever the hell it is, me I vote for my country and feel PRIDE in it, no race involved). We need to fire up our voters to GOTV :0) thi is incredibly frustrating to see a second time around.. COUNTRY FIRST Posted by: ginaswo at October 17, 2008 02:02 PM (UF53w) 157
Kris,
Tthe county officials can't do crap if she doesn't say anything is wrong with them. How would they even know which ones? Only she has the list. Posted by: Rocks at October 17, 2008 02:04 PM (Q1lie) 158
Check Drew's update. The ruling is specifically
about the TRO...and I think the court probably has a point there. I
don't like the ruling, of course...but it is not a betrayal of their
duty either. TROs are supposed to be hard to get and then only
available to parties with standing. Look, the Repubs have gotten a lot
out of this. Their base is mad ( and will be madder now) and all the
undecideds are noticing what ACORN is doing. The FBI is involved with
ACORN nation wide. Relax. Keep working.
Posted by: The Obvious at October 17, 2008 12:21 PM (1g+FW) That is precisely my take. Posted by: DCox at October 17, 2008 02:06 PM (CcmfN) 159
kris g
they will just show up at the polls, say their name is joe schmo, and get to vote. there will be no flag to instead give them a provisional ballot. they just come and vote.. acorn has databases of all the fraudulent names they registered and peeps can just show up at the polls and say, hi I am xxx, and then they will vote ARGLE we will have to have our turnout and a big margin and then have our ducks in order (our lawyers) ready to fight to keep our votes valid. People may laugh, but I watched the Roolz Cmte on May 31st take UNOPENED MAIL IN ballots and WITHOUT OPENING THEM GIVE them to Obummer based on EXIT POLLS of what they THOUGHT he WOULD have gotten if his name had bene on the G-D Ballot. they violated our charter they even took 4 DELS representing over 18,000 MI votes who ACTUALLY VOTED HILLARY and GAVE them to Obummer too, WTH is that?? they just break the roolz for him in some kind of insane freeforall I want our fight ready and laid out so we dont have to go thru this again, I feel SCOTUS coming in November, we need to DROWN the lib Justices (HA HA and I used to like them HA!) in enough whatever we need to prove our case and get MAC PALIN in. I know it seems dramatic, but this is what they do. Soryr for CAPS, I am pretty BITTER Oh good LOUD crowd for MAC on fox, yay Posted by: ginaswo at October 17, 2008 02:09 PM (UF53w) 160
Tiime to join Ace and WickedPinto and get drunk. Where's my R&R?
Posted by: Vic at October 17, 2008 02:09 PM (b1ysY) 161
Thanks, Rocks. Now I understand. She just sends a list of registered voters to each precinct and they have no clue about the data behind it.
When I go to vote in VA, I have to show ID and they check it against their name/address info. In MD, all you had to do was walk in and say your name. No ID, and no checking. The only thing they asked was that you recite your address, I think. But you can SEE the paper right there on the table in front of them. Crazy how some states are so lax in their requirements. Posted by: Kris G at October 17, 2008 02:09 PM (7GZEI) 162
So Mickey Mouse, his lovely bride, and dead parents are registed to vote in Columbus, OH? You peeople are mouseists!!! Posted by: Barry at October 17, 2008 02:09 PM (JQwWt) 163
Ah! I just wish we had the election next week. I want this to be over with so much. At this point, I'm just hoping for minimal losses in the senate.
Posted by: chris at October 17, 2008 02:12 PM (a9KY7) 164
It's making me think worse of Bush pretty much every passing day. McCain called for the surge starting in 2004. McCain opposed the Medicare drug plan and all those porkfests that Bush encouraged and signed.
Are we seeing the final result of GW Bush's personal animus toward a person who is just a better man than he is? What alternative explanation can there be? Posted by: funky chicken at October 17, 2008 01:18 PM (xyyHG) I've defended you in your advocacy of John McCain but you are going off the deep end now. I'll refrain from listing all of the negative points on John McCain at this time in order to be consistent with my admonishments of others who are doing this in the middle of the election but you would be well served to revisit them in order to help you back off the edge. Posted by: polynikes at October 17, 2008 02:19 PM (m2CN7) 165
Posted by: whiskey at October 17, 2008 01:59 PM (4878o) Posted by: chris at October 17, 2008 02:12 PM (a9KY7) bullshit. whiskey, you've been criticizing McCain for a long time, right? If this kind of crap doesn't make you want to get up and fight for his victory, I simply can't imagine what is wrong with you.
I would like to extend my congratulations to Herbert Hoover and Richard Nixon. You gentlemen can rest in peace now, knowing that GW Bush has far surpassed your former positions as worst republican presidents. Neither of you can hold a candle to the "accomplishments" of GW Bush.
Posted by: funky chicken at October 17, 2008 02:20 PM (xyyHG) 166
This should dialog should really motivate us ALL to vote. No longer will I assume (as admittedly I’ve done in the past, with a bit of embarrassment too as I look back) that my vote isn’t necessary. No longer will I be too busy with work, kids, house repair shit, etc not to cast my ballot. No longer will I assume that the other guy’s donation to GOP or the neighbor gal’s phone bank work for McCain will cover me. Time to get off my ass and do something, everything, to get McCain/Palin in and all of the lefties out. No more bashing. Real-Constructive-Effort by every one of us is needed. Right. Now.
Maybe this isn’t the right place to post this, I don’t know. Anybody else seen the article over at American Thinker by James Simpson written back at the end of September? It scared the bejesus out of me as to how closely Obambi is affiliated with ACORN, the New Party, etc. I don’t know how to do one of those tiny url-things so go to American Thinker DOT com and plug in “Obama” and “Manufactured Crisis”. Simpon appears to have done his homework on this, lots of links to cross verify. These connections coupled with the babysitting thing (if it pans out) should make every American quake. Posted by: CInAz at October 17, 2008 02:20 PM (qIOmI) 167
For those asking about what, if anything, individual voters can do the answer is nothing -- under HAVA. An Ohio voter/voters could bring suit based on their constitutional right to vote, but getting an order for Brunner to comply with the HAVA requirements would be almost impossible because you would basically have to prove that these questionable registrations are going to lead to fraud. Once the votes are cast -- and can be shown to be fraudulent or whatever -- then the individual lawsuits will gain some traction. Until then, at least, I think Brunner is off the hook.
Posted by: Brad at October 17, 2008 02:26 PM (zTZGo) 168
Quote: This post would be much better with phone numbers.
We found out Joe the Plumber's complete voting history in three days.
We have to be able to find [b]someone[b] in the AG's office that will
actually answer the phone.
Posted by: Al at October 17, 2008 01:34 PM (Lk931) by e-mail: AskDOJ@usdoj.gov BY PHONE: Department of Justice Main Switchboard - 202-514-2000 Office of the Attorney General - 202-353-1555 There is also a list of office numbers on that page. I've sent e-mails to the President and the DoJ... I'm about to start on the phone banks. Posted by: BethW at October 17, 2008 02:27 PM (GuCve) 169
It's all part of Karl Rove's master plan.
This election will end up dead-locked in the courts for years, leaving George W in power. RethuglifascNeoconservapigHitlerBoosh rule 4evah! Posted by: krakatoa at October 17, 2008 02:27 PM (mhdbo) 170
Yeah... lots of Presidents got rehabilitated years after the fact - Reagan, George Sr., Clinton (to an extent), Grant... Probably Truman wins the "Most Rehabilitated President" trophy. But Dubya's going down with Hoover. On the bright side he's still better than Carter and, um, Buchanan. Posted by: David Ross at October 17, 2008 02:27 PM (GwV+j) 171
169 krak, shoot me.
Posted by: David Ross at October 17, 2008 02:28 PM (GwV+j) 172
If you're a Republican in Ohio, I recommend boycotting the election, actually. Then take to the streets.
Posted by: David Ross at October 17, 2008 02:30 PM (GwV+j) 173
But Dubya's going down with Hoover.
That's moronic. Bush (1) never raised taxes, (2) nominated two excellent young conservative justices to the Supreme Court (Meiers will be forgotten), and (3) most importantly, pretty much defeated the terrorists single-handedly. He'll do fine in the history books. Even future generations of Iraqis will read about him approvingly. Posted by: Blacksheep at October 17, 2008 02:38 PM (EQYOq) 174
Funky Chicken -- I've already made calls, walked precincts, and the like. But it's useless --
McCain won't FIGHT. Won't fight, file lawsuits charging fraud, call out Obama on his stealing the election, his Marxism, his racist Church, fellow parishoners, pastor, and campaigning for Sharia in Kenya with Cousin Raila Odinga. McCain WANTS TO LOSE. He ran just to deprive Rudy, Huck, or Mitt of victory. He's not interested in winning. He's a disaster. Obama is not Kerry, or Dukakis or Gore. Those guys would have been defeated 4 years later. OBAMA will rule for LIFE. I KNOW I'm going to jail under his regime -- that's why I am so upset. Don't think for a second either, that you won't too, along with Ace, Allahpundit, Dirty Harry, Michelle Malkin, and Sean Hannity. Blogs get banned under the Fairness Doctrine, and the media gets a bailout and is government owned. You can't win with 200K known fraudulent votes in Ohio alone. Imagine how many in Florida. Posted by: whiskey at October 17, 2008 02:40 PM (4878o) 175
We seem to rapidly approaching the point where the citizens need to stand for themselves, as their government and its attendant elite close in on completely insulating themselves from the riff-raff.
It is interesting to note, vis-a-vis the sub-prime bomb, this particular election crisis is a bomb built by the Democrat elites, but with the full support of Republican elite. They believe themselves a new aristocracy, though they don't yet dare use that word to describe themselves. Their actions are indistinguishable from those petty little puffed up dandies that have, literally, lorded over the common people from time immemorial by simple virtue of their caste. Posted by: krakatoa at October 17, 2008 02:51 PM (mhdbo) 176
Blacksheep, so, Bush Is Awesome, huh? Iraqi history books are sure going to have a lot of Awesome things to say about the foreign adventurer who eased the way for Iran to turn their country into a couple of Persian provinces with a Sunni hinterland of Mad Max extras. Hoo boy. In order to be remembered well, you have to lay an enduring foundation. Historians roll their eyes at, e.g., Emperor Julian, and Timur the Lame. Ditto, Dubya the Lame. Posted by: David Ross at October 17, 2008 02:51 PM (GwV+j) 177
The USAG could bring an emergency petition before SCOTUS to rule the case on its merits. I believe that the AG has standing. However, I fully expect Bush and Co.to stand by idly while a presidential election is stolen. No matter what happens in Iraq, that will be Bush's legacy: an aider and abettor of vote fraud on a massive scale.
Thanks, Mr. President. May you rot in Hell. You'll still be called a racist and a demon by the Democrats, but at least you can claimed you reached across the aisle when it mattered most during an election year. Or rather, that you failed to do a fucking thing. Posted by: physics geek at October 17, 2008 02:52 PM (MT22W) 178
I live in Ohio and I am smokin hot pissed furious over this!!
I'll do whatever it takes to make my voice heard and not let my vote get diluted by questionable unchecked voter registrations and votes. WE all need to get ready to RIOT the streets over this. This is the USA for God's sake....not some third world banana republic. Posted by: smartsy at October 17, 2008 02:54 PM (CzC2M) 179
As for having defeated the terrorists, I generally don't make a habit of arguing with complete fucking idiots, but you ought to read up on how Pakistan is doing these days.
Posted by: David Ross at October 17, 2008 02:58 PM (GwV+j) 180
First of all there are 200,000 registrations with some kind of discrepancy. Lots of them are likely simple typos, transcription errors, and other mistakes that do not make them fraudulent. I do not believe there are 200,000 fraudulent registrations. Get a grip and think about how hard it would be to produce that many outright fake registrations AND get them past the local election boards. Not gonna happen. Bush won Ohio by over 110,000 votes in 2004. Hillary won the Ohio primary. Obama is not that popular there. Do not believe the polls. Republicans have been registering new voters in Ohio too. Remember where Joe the Plumber lives. He is twice as famous now in Ohio as he is in the rest of the country and is like $2 million of free advertising for McCain. The RNC had the most effective GOTV ever seen in Ohio in 2004 and they are bringing back the same people this time. I know people who were there and these people know what they are doing. Even if there are a non-trivial number of fraudulent cotes cast for Obama in Ohio, McCain can still win IF WE DO NOT DESPAIR AND WE KEEP WORKING HARD. Like Hugh Hewitt says, "If It's Not Close They Can't Cheat." If you really care about this and have the time, volunteer to go to Ohio and work on the 72-hour program. Get our people to the polls! Posted by: rockmom at October 17, 2008 03:02 PM (iZqUY) 181
To those who think President Obama may get to nominate [and a Dem majority in the Senate confiirm] two to three SCOTUS justices - think again: The number will be AT LEAST 3, and quite possibly 6.
First: let's review the bidding. There are 9 justices. 7 were appointed by Republican presidents [Ford 1, Reagan 2, GHWB 2, and GWB 2], and 2 by Bill Clinton. Of the 7 appointed by Republican presidents, 4 have turned out hard core "conservative" [Scalia, Thomas, Roberts and Alito], 1 fairly liberal [Stevens], 1 moderately liberal [Souter] and one independent [Kennedy]. [The two Clinton appointments have turned out the most liberal- Ginsberg- and the other moderate liberal: Breyer.] Given the four Republican appointees who vote as a block - always - and the two Republican appointees who turned out fairly to moderately liberal Court tend to vote fairly to moderately liberal with the two Clinton appointees, the Court has come to be dominated by Kennedy. The strongest writers - I'm not talking political philosophy here, I'm talking about words written that have a large effect down through the entire judicial branch - have turned out to be first, naturally, Kennedy, and second, Breyer. The latter might strike some of you here as odd, but the fact is that Thomas is pretty much a complete zero, and Scalia is too far right of everyone to attract any coalition. Now look at the ages: 88 Stevens 75 Ginsberg 72 Kennedy 72 Scalia 70 Souter 69 Breyer 60 Thomas 58 Alito 53 Roberts Of the oldest 6, 4 have made noises about leaving "early", and an argument can be made that all 4 having been hanging on in hopes of a change in the presidency: Stevens, Ginsberg, Kennedy and Souter. That's 3 liberals - from definitely liberal [Ginsberg] to fairly liberal [Stevens] to moderately liberal [Souter], and the one independent. On Roe v Wade, were it to return to the Court, all four would be expected to leave it as is. I would expect the next president to replace at least 3 if not all 4. I know this is going to bug y'all but that's not my purpose here; however, if Obama replaced all 4 then the Court would be 5:4 for the status quo on Roe v Wade, and critically more predictably liberal given the replacement of Kennedy with a liberal. Except for this: I really don't believe President Obama would replace any more than one of the 4 with a so-called "principled" liberal. You have to understand this: to become gold medalist at Harvard and one of the top lecturers in Constitutional Law in the country, you have to say a lot of words on a lot of issues, and those words said by Obama on the Constitution overall show him to be a moderate liberal on most issues. But I won't test your credulity by suggesting any would be turning over Roe v Wade. I also want to point something out about the CURRENT court: Look at how many REPUBLICAN appointees have voted fairly to moderately liberal on so many issues: 3. That's 3 out of 7. Ask yourself this: If Obama gets to appoint 4 judges in his first term, how many will turn out reflexively liberal? I would guess the number to be between 2 and 4, with the strongest odds being 3. Bear in mind that neither Harvard Law nor Chicago Law are hotbeds of liberal judicial thinking. You may think they're the same as Berkeley or Princeton, but the fact is that both are moderate liberal to centrist, taken as a whole. A brief word on the remaining 5: Of the two remaining oldies, each of Scalia and Breyer seem to enjoy themselves too much to leave "early", and in any event neither has made any noises about doing so. However, just looking at physique and demeanor, you have to put the odds of Scalia being replaced in the next 4 or 8 years as higher than for Breyer. Now as to the 3 youngest: Roberts looks to be like he takes care of himself, and Alito too; but Thomas is an angry fat guy who wears resentment like a badge and gets no credit for anything because he's so useless - and knows it - and those 4 factors suggests he's a more likely candidate for early departure than either Scalia or Breyer. Women? There's only one now, and no one in their right mind thinks Obama will not make the number higher. This may or may not mean anything, but looking at the wiki entry for Canada's Supreme Court, they've got 3, including the CJ. So I would guess Obama will go woman-man alterating. At the end, he will leave 2 to 4 women on the SCOTUS. I''ll go further: if Scalia leaves, Obama, who has a pretty cool sense of humor, will replace him with a woman. Blacks? Hispanics? Obviiously if Thomas were to "leave" - I think there's a fair chance he will blow up within Obama's first term - there's your black replacement. But blacks as a whole are at about 1 in 9, so I think Obama's first appointment is very likely to be an Hispanic - and a woman as well. My guess? Janet Napolitano. Hillary? Maybe. She's actually a pretty damned decent lawyer, less charismatic if you will than Bill, but more consistent and centrist. Also, appointing her deals with a challenge in 2012 in a variety of ways that help Obama. I like her chances for replacing Kennedy. So there you are. Ace - Do your best to keep this website going for a few years so folks can check my predictions, as well as their own. As to predictions - hey, I was correct on the ORP v Brunner call. Posted by: Diderot's dog at October 17, 2008 03:06 PM (nrD02) 182
Well said, rockmom.
Posted by: adolfo_velasquez at October 17, 2008 03:10 PM (xnUlK) 183
But that's stupid. The English language has perfectly good words like
"only" for this purpose. If the legislators didn't use such a word,
they didn't intend to use such a word and the language of the paragraph
means what it says it means.
Yes, but you're using Earth logic which has no place in the law. I think it's important to remember that federal courts have jurisdiction over only the enumerated original jurisdiction matters listed in the Constitution. All other subject matter jurisdiction is granted under statute. Thus, the default is that no one can sue, not that everyone can sue. That means that when a statute lists x can bring suit, rules of statutory construction mean that only x can bring suit. There is no need to include the term only because the reference to one excludes all other. So, yes, the language of the paragraph means what it says. It says that Congress has created a cause of action that is owned by the AG. That's it. No one else. Remember, it's very important to heave common sense out the window when dealing with legal matters. That's the third thing you're taught in law school. First thing you're taught is CYA and the second thing is always get your fees first. Posted by: alexthechick at October 17, 2008 03:10 PM (SHHaV) 184
Congratulations, DD, on discovering paragraphs and punctuation.
Posted by: krakatoa at October 17, 2008 03:11 PM (mhdbo) 185
Congratulations, DD, on discovering paragraphs and punctuation.
Its still just a blur of scroll-wheel to me. Posted by: toby928: Caesarist at October 17, 2008 03:14 PM (evdj2) 186
rockmom, "First of all there are 200,000 registrations with some kind of discrepancy. Lots of them are likely simple typos, transcription errors, and other mistakes that do not make them fraudulent. I do not believe there are 200,000 fraudulent registrations. Get a grip and think about how hard it would be to produce that many outright fake registrations AND get them past the local election boards. Not gonna happen." Oh? If it's all innocent "loose shit", you'd think Ohio would come together in bipartisan fashion to tie it up. You'd expect the various governments to say stuff like "unacceptable" and "heads will roll" and even, if they wanted to make a partisan point out of it, "as Democrats we must be serious about protecting democracy". It didn't happen, and had to go to SCOTUS, because the Democratic machine wants the fudge factor of 200,000. With that much power to create a mess, the idea that it would be somehow difficult for these guys to "get them past the local election boards" in, ah, "organised communities" seems... hopeful. Awesomely hopeful. Posted by: David Ross at October 17, 2008 03:14 PM (GwV+j) 187
As for having defeated the terrorists, I generally don't make a habit
of arguing with complete fucking idiots, but you ought to read up on
how Pakistan is doing these days.
Sorry Bush couldn't defeat all terrorists everywhere for you, but he only had eight years, and the Dems were fighting hard for the other side. Bush freed sixty million people from the tyranny of the Baathists and the Taliban. He ostracized AQ, and his armies have killed literally tens of thousands or terrorists who meant the U.S. harm. Most importantly, he prevented any more attacks opn U.S. soil, which virtually every lefty dimwit in the country assumed (OK, hoped) would happen afetr 9/11. And your boyfriend Clinton? What was he doing while the storm of terrorism gathered all around us. Literally fiddling with his dick. Nero, indeed. Bush has had many shortcomings as a President. Fighting the terrorists hasn't been one of them. Posted by: Blacksheep at October 17, 2008 03:16 PM (EQYOq) 188
NEWS FLASH: Rocker and Ohio Native Chrissie Hynde Predicts McCain/Palin Win. Heh. While flipping through my latest issue of Blender magazine, which sucks far less than Rolling Shit, I came across this curious interview with Pretenders frontwoman Chrissie Hynde: Q: You live in a swing state. Are you going to campaign for Obama? A: I'm a British citizen. To be honest, there's nothing I want to talk about less than politics. I'd rather vomit and lick it up. I like Obama, but he's not gonna win. Trust me, I know my people. And there you have it folks. Since no president in recent history has won an election without Ohio, the Pretenders political prognosticator has just called the election for McCain/Palin. I think that's racist Chrissie. ... A O Ohio where did you go.... (insert guitar solo here) Posted by: TheJane at October 17, 2008 03:29 PM (FFDEd) 189
Why didn't the GOP know about the standing issue? They did. The District Court and the 6th Cir Ct App weren't going to be the ones to pull THAT trigger, though.
Posted by: moronizer at October 17, 2008 03:33 PM (p1s9n) 190
I realize this is probably futile, but: Riddle me this, why is the person in charge of Elections in OH a partisan position? Be honest: Did you say the same about Katharine Harris? Posted by: Coastie at October 17, 2008 03:36 PM (H1evQ) 191
Dammit, they have a cave troll on this thread.
David Ross: Stuff the crybaby whiner talk up your ass, loser. Boycotting the election WILL deliver Ohio to The Obamessiah, which is NOT going to help things, fake voters or no fake voters. It's definitely the best policy to use your God-given right to actually VOTE, and be heard, then sit at home in a drunken stupor, and be ignored completely. Speaking of which, if you actually do boycott, never comment on this blog again, you ACORN-whipped pussy. Oh yeah, and save that stupid poser-talk about rioting for your comments at Daily Kos. Real American citizens will pursue all peaceful, Constituional-based means of legally pursuing the electoral process until (maybe) the Left makes it impossible. But first we win legal, we win fair, and then we teabag the Obamabots for their useless cheating. Then we tell them to STFU, quit crying, and get jobs like the rest of us. Besides, if it goes too far, WE won't riot or engagew in any other useless stunt. We'll get organized, get our guns (and ammo and rations and bottled water) and show the Lefties what a REAL revolution looks like. Posted by: exdem13 at October 17, 2008 03:44 PM (nQ6xk) 192
BO has cheated and cheated HARD in every single election he's won.
It's part of his 'modus operandi', of his life-style, of his way of being. It's pay-back. See how Joe the plumber has been massacred-the guy is vindinctive. I believe that BO ENJOYS working at every loophole of voter fraud. He's been at it for at least 16 years. Why do people comply-because as in Texas he told them that if they didn't cheat, Hillary would. Hillary had no legal foothold against voter fraud, because Party Primaries are considered private matters. Why are so many Clinton Democrats working so hard to defeat Obama-it's because of Voter Fraud. Posted by: laurie at October 17, 2008 03:49 PM (SKC1o) 193
Coastie, nope. I didn't. But then, Harris wasn't the one breaking her own state's law, was she? Harris didn't force Gore to recount friendly districts only, or to do it repeatedly; and she didn't force the supreme court in Florida to neglect their own election laws to the point the case had to bubble all the way up to SCOTUS. Posted by: David Ross at October 17, 2008 03:52 PM (GwV+j) 194
Riddle me this, why is the person in charge of Elections in OH a partisan position?
Because in a republic government officials have to be responsible to the will of the people. In this case it's directly and personally, I'd rather it be that than same nameless party apparatchik who reports to another one, and another one and at some point the governor. Democracy is about accountability. Brunner will either pay a price at the ballot box or have her actions ratified. That's okay with me. Posted by: DrewM. at October 17, 2008 03:53 PM (hlYel) 195
David Ross is a Paul supporter. Ignore him. Posted by: polynikes at October 17, 2008 03:55 PM (m2CN7) 196
Where did I say "riot"? I said "take to the streets" if the election is bogus. As in, "the right of the people peaceably to assemble, and to petition the Government for a redress of grievances". Posted by: David Ross at October 17, 2008 03:55 PM (GwV+j) 197
#191, you and me both. I'm sure we can find enough professionals to make a fair run of it.
Posted by: SGT Dan's Cat at October 17, 2008 04:12 PM (Q6BTe) 198
Remember voting machines too. Don’t forget that Chuck Hagel is the past CEO of S & S voting machines. There are no coincidences where Obama is concerned. In Kuwait, Obama was honored at a banquet at the residence of the emir, Sheikh Sabah al-Ahmad al-Sabah, according to the government news agency. Obama and the other members of his delegation — Sen. Jack Reed (D-R.I.) and Sen. Chuck Hagel (R-Neb.) — also attended a meeting with the ermir and a dozen other state and royal officials of the Gulf state, the government announced. His Highness the Amir Sheikh Sabah Al-Ahmad Al-Jaber Al-Sabah received at his Dar Salwa residence Sunday, His Highness the Crown Prince Sheikh Nawaf Al-Jaber Al-Ahmad Al-Jaber Al-Sabah, the Deputy Chief of the National Guards Sheikh Mishal Al-Ahmad Al-Jaber and His Highness the Prime Minister Sheikh Nasser Al-Mohammed Al-Ahmad Al-Sabah. Posted by: laurie at October 17, 2008 04:12 PM (SKC1o) Posted by: SGT Dan at October 17, 2008 04:15 PM (Q6BTe) 200
And I'm not recommending individual voters boycott. That would be stupid. I'm recommending that if the margin of questionable registered voters in a state remains over some arbitrary large number - here it's 5% of the population! - then the Republican Party leadership in that state should call for a boycott and paro general. If most of the Republicans refused to take part in a farce and then went on strike, that would force the issue. We have to look at the long term here, people. Posted by: David Ross at October 17, 2008 04:18 PM (GwV+j) 201
192 other reasons people comply with cheating:
In Virginia, kids are posting comments saying that they have a “right’ to vote twice. How can they believe that! They believe it because the Obama campaign has led them to believe that lying and stealing to win an election is not only okay, it’s the right thing to do. in states like Ohio, where you don’t need to show ID to vote there is virtually no chance that you will be imprisoned for voting fraudulently. As for the “Mickey Mouse” registrations, those are very rare. It is usually normal names they use. And these 200,000 registrations have problems which really should be addressed before these people are registered and allowed to vote. Unfortunately, there were 6 days of legal same day registration/voting. Once a vote has been cast, it is out of its provisional envelope, and cannot be distinguished from all the others (votes are by law anonymous). Ohio is blue. This is the same strategy used with Hillary-who was forced to hobble for the entire campaign with two States less (Florida and Michigan). Posted by: laurie at October 17, 2008 04:22 PM (SKC1o) 202
To contact the U.S. Attorney General's Office: AskDOJ@usdoj.gov Ask him to sue!! There are 200,000 potentially fraudulent votes ask risk here.
Posted by: Justnashole at October 17, 2008 05:08 PM (uAytX) 203
You know, if we just did something reasonable, like say... declaring open season on lawyers one week out of every year we could probably get them to behave better the rest of the year. In this case I am not sure which ones are at fault but just to be safe I see no downside to hanging them all. The system they have created is so fucked up that anyone who has been tainted by knowledge of it is suspect in my eyes. Posted by: asl at October 17, 2008 06:13 PM (r11nM) 204
195
David Ross is a Paul supporter. Ignore him. Posted by: polynikes at October 17, 2008 03:55 PM (m2CN7) Ah, thus the call to "boycott" the election rather than show up in force to support McCain. Posted by: funky chicken at October 17, 2008 06:22 PM (xyyHG) 205
Vet Brunner. Posted by: adam h at October 17, 2008 08:23 PM (W169Q) Posted by: smartsy at October 17, 2008 09:14 PM (CzC2M) 207
WTF?
Let's make things really easy: anyone who wants to vote should go ahead and do so. It doesn't matter how old you are, or if you're alive or dead, or what nationality you are. We've now basically adopted the No Fucking Problem approach to voting. So if you're a French citizen living in Paris regardless of your age go ahead and vote in our election anyway since no one over here gives a shit. Posted by: adk46er at October 17, 2008 09:38 PM (kw5eP) Posted by: SJ Cynic at October 20, 2008 02:28 PM (IZGsq) 209
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