Posted on 11/01/2004 5:14:14 PM PST by RightFighter
This cause originated upon the filing of a complaint for a writ of mandamus. Upon consideration of relators’ motion for an emergency peremptory writ of mandamus,
IT IS HEREBY ORDERED that relators’ motion be, and hereby is, granted, and that a writ of mandamus be, and hereby is, granted to compel respondent Secretary of State J. Kenneth Blackwell to reissue and enforce his October 26, 2004 Directive 2004-45 to all eighty-eight counties insofar as it permits, in accordance with R.C. 3505.21 and 3506.13, one duly designated challenger per precinct and, after the polls close, one duly designated witness per precinct, no matter how many precincts vote at a single location.
IT IS FURTHER ORDERED that a writ of mandamus be, and hereby is, granted to compel respondent Franklin County Board of Elections and the remaining eighty-seven county boards of elections to comply with this directive. This order is based solely on this court’s interpretation of state statutes.
PFEIFER, LUNDBERG STRATTON, O'CONNOR and O'DONNELL, JJ., concur.
RESNICK, ACTING C.J., and F.E. SWEENEY, J., dissent. GORMAN, J, dissents.
ROBERT H. GORMAN, J., of the First Appellate District, sitting for MOYER, C.J.
(Excerpt) Read more at sconet.state.oh.us ...
Dead people and illegals hurt most.
YeeHaw!!
Enforce the law?
gee,who'd a thunk it
So what does this mean?
I assume the State Supreme Court ruling is overturning the federal district court judge? If so, very good news, even though it was close (5-4!)
In other words - "Hey (Federal) Judge Dlott, stay the *^&@ out of this!"
If they can't cheat, they can't win. And although we have too many liberal judges in this country, there is still the matter of some level of fairness left. Thank goodness.
We're going to do great tomorrow. And we'll know by midnight Tuesday.
They just told a federal liberal district judge in Cincinatti to go f#$% herself .... judicially speaking of course.
PING!!!!
Yes, overturning the ruling of a radical, Clinton apointee Susan Dlott.
Yeeehaaaaaaaaaaah!
What's the gist of it?
So now does this go to the US Supreme Court or is it finished?
It means that Clinton appointee bee-yotch Judge Dlott was smacked down.
Wasn't the contrary order from a Federal Court? If so, then I'm not sure what impact this contrary State Court order would have. Someone from Ohio can hopefully clarify.
Good news ping.
Excellent! :-)
.
David Boies et al are very disturbed at this turn of events.
Not used to Republicans standing up for themselves like this.
Glenn hasn't been an Ohio Senator for sometime. Voinivich and DeWine are the two Senators.
Um, John Glenn's been out of the Senate for a while now.
The "gist" of it is the part that I posted. The Ohio Supreme Court is ordering Blackwell to again instruct the elections supervisors to allow challengers, and they are ordering the elections supervisors to follow that order.
Federal appeals do not go to state courts, so I'm wondering how this plays out. Could be interesting.
LOL! Much better response than mine.
"bee-yotch"
Is this a very recent decision? I could've swore I heard on Brit's show that the lower courts ruled in favor of the Dems in blocking challenges. If this is what it sounds like, that was a quick reversal.
It means the law that is already on the books in Ohio will prevail and a liberal judge will not be able to decide otherwise. This is a real victory not only for the Republicans but for truth and honesty!
This is a HUGE WIN!
Yes, it was from the federal district court. I thought the appeal had been taken to the Sixth Circuit (federal) Court of Appeals. But the State Supreme Court is ruling on a state statute, so I assume any federal appellate court would grant it deference on a theory of adequate and independent state grounds.
Wow, this is super news!
Thanks for translating it.
Might as well have Glenn with those two clowns.
A crook and a gun-grabber.
The only good thing about them is that they have a (R) next to their name...
They should have had a poll before and a poll after based on this ruling since it will effect the outcome. /slight sarcasm
Can re-write laws from the bench? Gee, imagine that.
I believe this order may be designed to force a higher federal court to issue an emergency ruling to clarify the apparent discrepancy between the state supreme court and hte federal court. This Supreme Court ruling seems clearly designed to state, in no uncertain terms, that they are interpreting OHIO law, and therefore the feds should stay out of it.
Amen!! It's hugh and series!!
10 bucks says RESNICK, ACTING C.J., and F.E. SWEENEY, J. are "activist" judges.
I don't get this. This is a decision by the Ohio Supreme Court - the highest state court in Ohio - but I thought that the Dems got a temporary restraining order against challenges at the polling place in U.S. District Court, and that the matter was presently being reviewed by the 6th Circuit Court of Appeals.
Anyone want to 'splain this to me?
I'm in law school. If a federal court makes a decision interpreting a state law (in other words, federal courts sometimes will rule on a state law matter based on how they perceive the state courts will) then a state supreme court can in essence overrule.
Holy Tamales!
A set of judges who actually rule on what the law IS, not what their partisan ideology WANTS IT TO BE?
What's this world comin' to?
This is really, REALLY good news!! The Dem fraud machine in Ohio just got kicked in the cajones.
A state court can't overturn a federal court.
How is that possible?
State Supreme Courts are not in line about a Federal District Court. It would have to go to a higher Federal Court.
Right?
Thank you for that explanation -- in post 24.
It means the OH Supreme Court just delivered a firm kick in the teeth to that charlatan Clinton-appointee in Cincinnati who thought she could appoint herself as the legislature and governor for the entire state. She tried to make up law to serve her left-wing masters, and, fortunately, the OH SC smacked her down.
I was thinking the same thing.
I'm not a lawyer, but I don't think that the State Supreme court has jurisdiction over a federal district court. However, I think that a judge in Akron ruled in such a way as to make a path to the state court for a very similar case. Thus, the state court had an opportunity to rule on the issue.
Although she claims its constitutional in nature, I don't think that this Clinton-appointee leftist fed judge will (or even can) push the issue. She certainly has no time left on the clock for this election.
Yeah, but I understand he had a hand in Dlott's appointment. Good to see the OSC zot Dlott.
It's clear when you read this decision that they're responding to the federal court decisions, because the dissenters discuss the issues raised by Judge Dlott.
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