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To: ndt

What is a federal judge doing ruling on a decision about how the state selects is own Supreme Court justices?

What jurisdiction does the federal government have over this matter or is this another example of federal activism like last month when a federal court wouldn't let a state legislature decide if its own members had been legitimately elected?


12 posted on 01/29/2006 9:16:36 PM PST by old republic
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To: old republic
What is a federal judge doing ruling on a decision about how the state selects is own Supreme Court justices?

My thought, exactly. The selection of state judges is a matter for the State of New York to decide, and is none of the federal government's business.

13 posted on 01/29/2006 9:19:51 PM PST by Always A Marine
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To: old republic
"What is a federal judge doing ruling on a decision about how the state selects is own Supreme Court justices? "

Like I said, I'm not sure if I like it or not. If it is truly a constitutional issue, then it would trump states rights, if not then as per the 10th it would be a state issue.

Until I have a chance to read the court decision (longer than I expected) I'm withholding an opinion.
14 posted on 01/29/2006 9:36:31 PM PST by ndt
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To: old republic

While we need to see the case which brought this to the Court I would guess that jurisdiction involves the denial of rights to the agrieved party.


15 posted on 01/30/2006 1:42:17 PM PST by justshutupandtakeit (Public Enemy #1, the RATmedia.)
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To: old republic; Always A Marine

My thoughts exactly. The federal courts should not have jurisdiction in this matter. Let the people of NY clean up their mess. More judicial tyranny. At some point, who knows when, a state legislator or governor will publicly tell a federal judge to stuff his unconstitutional decision where the sun doesn't shine. Our republic will be better for that day.


16 posted on 01/30/2006 3:03:16 PM PST by Jacquerie (Democrats soil institutions)
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To: old republic; Always A Marine
"What is a federal judge doing ruling on a decision about how the state selects is own Supreme Court justices? What jurisdiction does the federal government have over this matter or is this another example of federal activism like last month when a federal court wouldn't let a state legislature decide if its own members had been legitimately elected?"

Do you want the correct answer or the politically correct answer?

PC Answer: Why, Baker v. Carr ensures that every political office is fairly voted upon by the electorate under the fundamental rule of one man, one vote, and enshrining the Constitutional guarantee that each state have a republican form of government.

Correct Answer: The judge is doing exactly what you fear, saying, "Federalism takes it up the back door, the state bosses better figure out quick who really runs the show--it's FEDERAL bosses, us judges."

18 posted on 01/30/2006 10:55:21 PM PST by LibertarianInExile (Freedom isn't free--no, there's a hefty f'in fee--and if you don't throw in your buck-oh-five, who w)
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