I was involved in the Brett Schundler litigation. That case offers the Dems no help in the present situation. In the Schundler case, the court upheld the "new" deadline that had been set by act of the legislature. In the Torricelli case, the legislature has done nothing to change the deadline. It is still 51 days. The general proposition is that courts should obey and enforce laws that are written by the elected representatives, not rewrite the laws on the spot to suit what they think is right. If the Schundler logic is applied to the Torricelli case, the legislature's deadline will be upheld and Torricelli will lose.
Congressman Billybob
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I wasn't trying to maintain that it was. My original comment was if the legislature passed a bill reroactively shortening the 51 day to three weeks, this court would probably uphold it.
I don't consider the passage of a new law a likely event.