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Forrester Statement On New Jersey Supreme Court Decision
Forrester 2002 | 10/2/2002 | Forrester 2002

Posted on 10/02/2002 5:16:31 PM PDT by Politico2

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To: Politico2
Excellent statement, IMO. Now he just needs to stay the course and keep chipping away.

I'm curious if Lautenberg will debate him. He seemed rather senile to me in his interview today. I suspect the rats are just using him for name recognition and will replace him should he win.

141 posted on 10/02/2002 6:40:29 PM PDT by Lion's Cub
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To: Torie
That is a mouthful and over the top ...

it'll work just fine for the 75% of the population that couldn't identify the decade the civil war occurred in ...

142 posted on 10/02/2002 6:41:16 PM PDT by tomkat
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To: #3Fan
And another thing....as this other thread mentions..

Why did the idiot Repub lawyer not bring this up in front of the SCONJ and make them address it? We DO have to fight them in the courts, but it should start with at least showing up in the State Court. Did you see any clips of the Repub lawyer? "Uh...um...well..." He sucked! (Obviously)

N.J. Supreme Court Order Violates Reasoning of Bush v. Gore (MUST READ) Supreme Court of the United States ^ | December 12, 2000 | Chief Justice Rehnquist

Posted on 10/02/2002 6:11 PM Central by Agrippa

The N.J. Supreme Court's decision to replace Torricelli on the ballot despite the New Jersey statute to the contrary plainly violates the reasoning of the concurring opinion (Rehnquist, Scalia and Thomas) in Bush v. Gore. The Bush v. Gore concurring opinion held that where the Constitution entrusts election regulation to the state legislature (as was the case there and is also the case with congressional elections pursuant to the Times, Places and Manner Clause of Article I, Section 4), a state court cannot lawfully depart from the legislative scheme. These sentences best capture the heart of the concurring opinion:

"[T]he text of the election law itself, and not just its interpretation by the courts of the States, takes on an independent significance. . . . [T]he clearly expressed intent of the legislature must prevail."

While it doesn't have the force of law, the concurring opinion should be very persuasive to a federal district or circuit court and even to the U.S. Supreme Court itself. Surprisingly, it was not cited at the hearing today. (Not that it would have mattered, as the fix was in.) I hope the Republican legal team is prepared with this argument for the federal courts.


143 posted on 10/02/2002 6:41:30 PM PDT by sam_paine
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To: HoosierFather
Look for massive dem vote fraud among the confusion of last minute ballot changes and disputes over absentee votes. The GOP had best videotape every move possible at the polling places and anything connected to the voting machines and counting process.

Remember, the Democrats will do anything, ANYTHING, to win.

144 posted on 10/02/2002 6:41:59 PM PDT by Truth29
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To: epow
As I recall, Judge Napolitano was correct every step of the way in Florida fiasco. If he says the USSC will take the case, I believe him.
145 posted on 10/02/2002 6:42:33 PM PDT by Citizen of the Savage Nation
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To: Dianna
Remember, the SCOTUS first decision in Bush/Gore was to demand SCOFLA show where they got the authority to change the certification deadline.

Thank you Dianna! I was thinking about this today and meant to ask if anyone could fill in the blanks.

I do recall that first decision was 9-0.

146 posted on 10/02/2002 6:43:05 PM PDT by cyncooper
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To: laconic
This should be considered a real slap in the face -- the Democratic mayor of New Jersey's largest city is black (Sharpe James of Newark) as is one of the rising new mayors in the country (Doug Palmer of Trenton) and a veteran NJ congressman, Don Payne. Yet none of their names were even mentioned

I think they made a mistake in not choosing Palmer.

147 posted on 10/02/2002 6:45:00 PM PDT by The Other Harry
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To: Politico2
Excellent. Keep the Torch alive (for another 35 days).
148 posted on 10/02/2002 6:47:13 PM PDT by steveegg
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To: sam_paine
Forget it, Fan. You won't even recognise that I'm on your side. I'd bet a DUer or Timmy Dashole would be ecstactic that you and I are upset at each other and not united against these SOBs.

What have they got to be excited about? You're not going to vote Dem (I'd hope) and I'm not going to vote Dem no matter what we discuss here. If they got ecstatic every time conservatives disagree on an issue, they wouldn't be the sour-pussed complainers they are.

We both agree that winning the election againt whomever is a good thing. I just believe that winning in the polls will seriously damage the Dems, while "winning" in the courts will actually be used by the Demonrats to undermine OUR credibility like they have harped on the "unelected" Bush even still.

Well, for the sake of fair elections I think it's more important to win this court battle than to win that Senate seat. I think this never-ending election chaos must end and the USSC needs to send a clear message to the states that this crap isn't going to stand when it comes to a seat in the presidency, the U.S. Senate, or the U.S. House of Representatives. These seats affect all of us in the nation. One state can't be allowed to hijack our federal government.

And to answer your sophomoric polemic: No I do not want to "hand them the court system" too.

What about the Gore question I asked?

149 posted on 10/02/2002 6:47:23 PM PDT by #3Fan
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To: PhiKapMom
The offer that they made to Torch was probably to make sure that he gets off easy in court. I'll bet the Demo leadership told him: "Look at what we did to Traficant. Be a good boy, get a slap on the wrist in court, and take a $500,000/yr no-show job as an outside consultant for a big company that you threw some political favors to. Or you can piss us off and do 20 years in prison. What'll it be, Torchie-boy?"
150 posted on 10/02/2002 6:48:07 PM PDT by Excuse_My_Bellicosity
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To: Unknown Freeper
Thank you. I'm going to give it a try (my first).http://www.freerepublic.com/focus/news/761779/posts
151 posted on 10/02/2002 6:48:42 PM PDT by Peach
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To: HoosierFather
I think Doug needs to keep pointing out the unethical behavior of both Torch and now the NJ Dim machine

Not only Doug, but the entire GOP should use this as perfect example of the corruption of the DimRAT Party nationwide.

Why didn't the RAT ethics commitee run the Torch out of the Senate? Power over principle.

Why are the Senate RATs blocking all judicial nominations? Because with an ethical judiciary, they will not be able to pull crap like this.

What happens if you keep electing RATs? The corruption and sleaze levels continue to rise.

And the GOP base needs to keep harping on the Senate RINOs about how they let the RATs run the Senate into the sewer pit it now is without uttering a peep.

152 posted on 10/02/2002 6:50:14 PM PDT by putupon
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To: GraniteStateConservative
I doubt it, but there is nothing wrong with trying. If they don't take it, well....we just have to go on without it. In any case, teh campaign should be approached like the SCOTUS is not involved or they have already ruled against the GOP.....Forrester needs to not get too distracted by the courts and focus on teh campaign....

The more pessimistic (I don't know why I am not with them, as I am pretty negative a lot of the time) are saying a GOP Scotus win would help the Dems out. Nonsense. This is not ruling on a President, but a Senate race. It does not have near as big a national impact. If anything, the GOP, which is already motivated more than the Dems, will become even MORE SO due to this NJ nonsense. And I don't think a SCOTUS ruling would change things much at all. The Dems will cry foul as usual, but the public won't give a rat's behind. They didn't really give a care in 2000 either.
153 posted on 10/02/2002 6:52:26 PM PDT by rwfromkansas
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To: sam_paine
And another thing....as this other thread mentions.. Why did the idiot Repub lawyer not bring this up in front of the SCONJ and make them address it? We DO have to fight them in the courts, but it should start with at least showing up in the State Court. Did you see any clips of the Repub lawyer? "Uh...um...well..." He sucked! (Obviously)

He only had one day to prepare. He was probably the only one that was within a day's driving distance that had a chance to go up. I applaud him for trying. It took a lot of guts. No lawyer would want to have to immediately be thrown on nationwide television to debate the fate of the Senate on just a few hours of preparation.

N.J. Supreme Court Order Violates Reasoning of Bush v. Gore (MUST READ) Supreme Court of the United States ^ | December 12, 2000 | Chief Justice Rehnquist Posted on 10/02/2002 6:11 PM Central by Agrippa The N.J. Supreme Court's decision to replace Torricelli on the ballot despite the New Jersey statute to the contrary plainly violates the reasoning of the concurring opinion (Rehnquist, Scalia and Thomas) in Bush v. Gore. The Bush v. Gore concurring opinion held that where the Constitution entrusts election regulation to the state legislature (as was the case there and is also the case with congressional elections pursuant to the Times, Places and Manner Clause of Article I, Section 4), a state court cannot lawfully depart from the legislative scheme. These sentences best capture the heart of the concurring opinion: "[T]he text of the election law itself, and not just its interpretation by the courts of the States, takes on an independent significance. . . . [T]he clearly expressed intent of the legislature must prevail." While it doesn't have the force of law, the concurring opinion should be very persuasive to a federal district or circuit court and even to the U.S. Supreme Court itself. Surprisingly, it was not cited at the hearing today. (Not that it would have mattered, as the fix was in.) I hope the Republican legal team is prepared with this argument for the federal courts.

So you're an A-One lawyer huh? Congratualtions.

154 posted on 10/02/2002 6:54:32 PM PDT by #3Fan
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To: Peach
Congratulations, Peach!!! I knew you could do it. Next you can add the text so that it appears rather than the link.
155 posted on 10/02/2002 6:55:16 PM PDT by Unknown Freeper
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To: putupon
How would Shundler do against LAW?ntberg???
156 posted on 10/02/2002 6:56:34 PM PDT by jaz.357
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To: All
Despite our differences here on FR, I hope to GOD that everyone can finally see how imperative it is that we work to vote the RATS out and return some honor and regard for law to this country.
157 posted on 10/02/2002 6:57:29 PM PDT by rintense
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To: Torie
I take it you found the NJSC decision lacking in its persuasive logic. Is that a fair statement?

:-}

Here's my blue collar reading of their learned opinion.

We make the law based on how we feel and we are not bound by elected legislator's or the people that elected them. After all, we are the creme de la creme and you are simply pissants.

How'd I do Counselor?

158 posted on 10/02/2002 6:57:37 PM PDT by jwalsh07
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To: Politico2
I couldn't resist. (That's my story and I'm sticking to it. :)  )...

"I'm following the wishes of the people that elected me as their Republican candidate. Lautenberg is following in Torricelli's footsteps."

159 posted on 10/02/2002 6:59:30 PM PDT by Zon
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To: sam_paine
buck up and beat them at their own game.

You can't win any game when you're playing by the rules and they aren't. And once the rules of the game are thrown out, you're not playing a game.

160 posted on 10/02/2002 6:59:59 PM PDT by ctdonath2
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