US Supremes can't appeal NJSC

Linda Chavez, Fox News | October 2, 2002 | Fox News

[Peach]

Thanks SO much for the link; I thought I'd heard the GOP intended to take this to the USSC if necessary, but when I got up this morning and heard Chavez talking, I thought perhaps some legal research had been done to change the landscape. Should have put a different title on the thread - as an opinion piece. BTW, does anyone remember what post Chavez was being considered for in the Bush administration?

[GirlShortstop]

WILL THE NJ SUPREME COURT ARGUMENTS BE TELEVISED?

NJ's public television... on the right side of the page here:

NJN Site ^

[maica]

First Torricelli has to win! If Forrester wins New Jersey has a new senator. No complications!

Dead Gov Carnahan won and dead Patsy Mink will probably win, so living Torrecelli should not be allowed to remove his name from the ballot.

[randita]

A lawyer for the Democratic Party in New Jersey, Angelo Genova, said the deadline for candidates pulling out was merely a technicality, adding that there was a 1952 precedent for changing names, allowed when a candidate died.

That contingency--one of the death of a candidate--is allowed for in the law. Also if the candidate resigns because of criminal indictment or conviction, I believe. Changing names past the deadline, for no other reason than your candidate can't win is not a contingency in the law.

[WilliamWallace1999]

Point of information gang. I believe that the state legislatures for decades appointed the senators from the states. Was there a constitutional change that made it a general election race, or did that occur on the state level as well? There may be some validity to the notion that senatorial election was a power reserved to the states and not the jurisdiction of SCOTUS. Only if a voting rights issue or the military ballots issue is raised will it clearly be a federal issue. Are their any non-emotional commentaries on this point of law.

I am not a lawyer, THANK GAWD.

[Blood of Tyrants]

First, you have to control the judges. While DemoNAZI judges tend to horribly corrupted and will do ANYTHING to destroy the country, Republican judges (for the most part) tend to have these archaic notions of honor and duty that make them terribly independent.

[Peach]

I assume you really mean NOT close

Good catch (hitting head in dismay).

[Peach]

Hope someone with local access will keep us informed today. Won't be around during the actual hearing but will catch up when I return. Should be some good commentary among Freepers.

[MEGoody]

It's true that SCOTUS cannot appeal this on their own. But if the case is filed with SCOTUS by one of the parties (e.g. the Republicans), they can take the case.

[The G Man]

Maybe Rudy or perhaps Laura Bush could relocate this weekend to NJ and we could replace Forrester with one of them on the ballot. That'll show 'em.

[krodriguesdc]

Yup - got to watch out for those CROOKed democrats...

it's not about what the voters of NJ want - with daschle and the good ole boys of the democratic senate, it's about maintaining power and stiffling the voters who attempt to bring abour responsible change...

[maryz]

BTW, does anyone remember what post Chavez was being considered for in the Bush administration?

I think it was Secretary of Labor.

[mwl1]

At what point do legitimate enterprises in New Jersey, say enough is enough, any legal contract means nothing, legal dates mean nothing with these corrupt courts.

This is a very dangerous precedent and we need to be positioned immediately to do the following:

NJ GOP should have commercials running already with disgust from NJ voters -- scare the crap out of the entire RAT down-ballot congressional incumbents.

all legal recourse through federal courts regarding due process and equal protection arguments

find another GOP candidate(s) elsewhere in the nation willing to pull the same after the deadline stunt and blow this entire scheme up nationwide.

The whole thing is unbelievable, and we better play hardball nationwide.

[mwl1]

If Forrester wins New Jersey has a new senator!

Yes and no. It gets us past the first and worst hurdle, but then we have to face the Torch will resign scenario, which is more politically dangerous for the RATS.

[BlueNgold]

To that effect, a new election could be forced if Torch resigned his seat within 30 days of the election. If he had waited a week and resigned altogether they would have had a serious advantage as it would have been up to the governor to #1 appoint a new Senator, and #2 plan a new election. However, since he withdrew from the election already this portion of the election law will likely be held to be moot by the courts even if they try it again later.

[Peach]

find another GOP candidate(s) elsewhere in the nation willing to pull the same after the deadline stunt and blow this entire scheme up nationwide. The whole thing is unbelievable, and we better play hardball nationwide

I agree with you wholeheartedly. We could have done this with Lazio and Hitlery wouldn't be Senator today. Alos, GOP should play commercials showing Daschle agreeing with the entire scheme yesterday. In addition, I wish someone would find a New Jersey military man who has already voted by absentee ballot, preferably stationed in Afghanistan, who can write a letter to the editor about being "disenfranchised". If said serviceman or woman was a minority, all the better. Anyone with family in military in NJ who might have a friend who fits the qualifications?

[ELS]

That's why the head of the NJGOP was talking about all the votes that have already been cast on the original ballots via absentee & military - he was setting up for another Floridian "all votes must be equal" USSC case.

Orual, it looks like the GOP is on the ball.

[Publius6961]

They can't huh?
Nice whistling past the graveyard buddy.

They can eradicate it.

"Unconstitutional" is not a state prerogative.
States can't adopt laws and cancel them on a whim.

[katze]

This sounds exactly like what the Republicans are planning. As in your face as Dems are, if they knew the USSC can't rule, under any circumstances, they'd have shouted this on all channels.

Perhaps I know less about law than I realize, but I thought the USSC is the final ruling on anything.

[krodriguesdc]

Sen. Bob Torricelli, D-N.J., gestures during a union rally to support his re-election bid in Trenton, N.J., Sept. 23, 2002. Torricelli, his re-election hopes dimmed by an ethics controversy, is considering dropping out of the race, a Democratic party source said on Monday, Sept. 30, 2002. AP Photo/Mike Derer

New Jersey high court to hear arguments over Senate race

By JOHN P. McALPIN, Associated Press TRENTON, N.J. (October 1, 2002 03:40 PM EDT) - The state Supreme Court decided Tuesday to hear arguments over whether Democrats can replace Sen. Robert Torricelli on the November ballot, a day after the senator abruptly dropped out of the race.

The court issued an order saying it would hear the case directly instead of waiting for a lower court to act. The high court hearing is scheduled for Wednesday morning. As a result, a hearing set for Tuesday afternoon in Middlesex County Superior Court was canceled.

The Democrats, who hold a one-seat majority in the Senate, had asked the state's top court to hear the case directly because of the urgency involved.

Arguments now center on state election laws and filing deadlines, but the parties could claim that residents would have their voting rights shortchanged by any decision. That could force the issue to the federal courts, possibly directly to the U.S. Supreme Court, said Republican lawyer Bill Baroni...

here another link disputing Chavez's remarks...