This is a Federal election matter. A decision by a State Judge to disqualify Obama would immediately be kicked into a Federal Court, mot likely the USSC.
mot = most
Silly me, I thought it was the SOS job to certify/validate who gets put on a ballot. Do the Feds also design the presidential ballot?
However, I think we have found out that no one has been doing it for years and years.
That doesn’t match what Congress’ lawyers (The Congressional Research Service) said in their memos to the Congress-critters, explaining that the states are responsible for handling the election of their own Electors. The CRS told Congress to tell the people that it’s up to the states, so the people have gone to their own states and raised bloody heck.
It’s a little late for the feds to now claim that the job they kept telling us they couldn’t do is, in fact, only able to be done by them.
But then, that’s about par for judges who first say there is no case because Obama isn’t inaugurated yet, and then say there isn’t a case because Obama is already inaugurated...
The people are getting sick of this “say whatever you have to in order to tie the people’s hands and screw them right on top of a shredded Constitution”.
In the Bush v Gore matter, the election had already occurred. In New Jersey, the election had not happened yet (although I can't recall if early voting had already started).
So I don't think is a foregone conclusion that it is a federal matter, and that the SCOTUS will intervene before an election occurs.
Furthermore, Article I Section 4 (Legislature elections) says:
"The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof;"
Article II Section I says (Executive elections):
Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors...
So, there is plenty of evidence in the Constitution that federal elections were meant to be state-by-state matters. SCOTUS should tread lightly here.
-PJ
“This is a Federal election matter. A decision by a State Judge to disqualify Obama would immediately be kicked into a Federal Court, mot likely the USSC.”
I don’t believe that is true. Different states have different requirements to appear on the ballot. Look what’s happening in Virginia...