Can NJ Decision be appealed to US Supreme Court? (Vanity)

[Tennessean4Bush]

Calling Freeper lawyers: If the NJ Supreme Court allows the demonrats to change candidates, is this appealable to US Supreme Court?

[Tennessean4Bush]

bttt mice elf

[Notforprophet]

Absolutely. See Gore v. Bush - this is a national office, subject to the US Constitution's equal protection clause.

[cinFLA]

It is beautiful outside. The republicans knew T could be downed so they let the dems try to prop him up as long as possible. Now all the photo-ops show Daschle, etal supporting T. Now with just a few weeks before the election, T is all over the news. The dems are once again trying to steal an election by changing the rules mid-stream. This is the SAME argument they tried and failed in Florida. They can not use "it's the economy stupid" since their photo-boy is T; a nationally recognized crook. Not only this, but with D, McD, and Bonier, they have themselves all over TV as peace-niks aiding and comforting the enemy.

[ambrose]

Yes, because absentee military ballots have already been sent out. From this, some kind of "federal question" can be posed. The USSC still has the option of not hearing the case, however.

[DeFault User]

Also, wasn't there a question of law in Florida about changing election procedures within X days of the election, a Federal law from 1870 something?

[laconic]

It can be appealed but there is no guarantee the Supreme Court will take the case. If it determines that there were "adequate and independent" state grounds for the decision by the NJ Court, it will not hear it.

[copycat]

I don't see how SCOTUS could sit idly by and allow a State legislature to set aside a valid State Law. Unless NJ has some of that silly FLA language about "the right of the voter."

[scooby321]

The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote

[Catphish]

It could be appealed but I doubt the Supreme Court would hear it.

The state's rights argument only got over-ridden in Bush v. Gore because it was a Presidential election which would have gone to the Congress if it not resolved in Florida and because it had equal protection implications.

[Jack Black]

I agree. Just got off phone discussing with lawyer friend. I don't think SCOTUS will hear the case. States set the "manner of elections" and this is a state matter. The FLORIDA case the votes were cast, and some people were going to be given short shrift. Here its still five weeks to go, whatever is decided the voters will still have the ultimate say, so it's less urgent for SCOTUS to intervene. I think they are going to get away with it.

The NY Times thinks so too, so says the editorial page. And that they should. The grey lady sinks ever lower. Page 3 girls (or boys?) soon!

[Petronski]

Absolutely. See Gore v. Bush - this is a national office, subject to the US Constitution's equal protection clause.

I love that cite so much I'm going to show it again.

See Gore v. Bush. Oooh! I love that.

[Right_in_Virginia]

"... absentee military ballots have already been sent out"

Completed absentee ballots have also been received. How's the court going to get around this?

[Tennessean4Bush]

Can't they merely send the ballots back out to all absentee voters and tell them to re-vote?

[El Gato]

I don't see how SCOTUS could sit idly by and allow a State legislature to set aside a valid State Law.

That's what legislatures are supposed to do. Unless you mean the State judiciary? In which case that's what they do too, although by their definition the law would be "invalid" by some mumbo jumbo or other. Because it's a federal office, the military absentee ballots have been mailed, and because of the equal protection clause (and the guarantee of Republican government clause, but you're unlikely to see any court invoke that one anytime soon), the US SC could indeed act on the case.

[T Ruth]

Of course the decision of the NJ Supreme Court could be appealed. The more difficult questions are 1) whether the US Supreme Court would agree to hear the appeal, and 2) if it hears the appeal, would it reverse?

I do not believe these questions can be answered at this time. Much will depend on how the NJ Supreme Court decides the case. It may be possible for the NJ Supreme Court to decide the case in such a way that its interpretation of state law makes any federal law questions irrelevant or moot. The US Supreme Court will not overturn the NJ court's interpretation of New Jersey law.

[copycat]

Yes I meant judiciary.