Posted on 11/01/2004 5:14:14 PM PST by RightFighter
This cause originated upon the filing of a complaint for a writ of mandamus. Upon consideration of relators motion for an emergency peremptory writ of mandamus,
IT IS HEREBY ORDERED that relators motion be, and hereby is, granted, and that a writ of mandamus be, and hereby is, granted to compel respondent Secretary of State J. Kenneth Blackwell to reissue and enforce his October 26, 2004 Directive 2004-45 to all eighty-eight counties insofar as it permits, in accordance with R.C. 3505.21 and 3506.13, one duly designated challenger per precinct and, after the polls close, one duly designated witness per precinct, no matter how many precincts vote at a single location.
IT IS FURTHER ORDERED that a writ of mandamus be, and hereby is, granted to compel respondent Franklin County Board of Elections and the remaining eighty-seven county boards of elections to comply with this directive. This order is based solely on this courts interpretation of state statutes.
PFEIFER, LUNDBERG STRATTON, O'CONNOR and O'DONNELL, JJ., concur.
RESNICK, ACTING C.J., and F.E. SWEENEY, J., dissent. GORMAN, J, dissents.
ROBERT H. GORMAN, J., of the First Appellate District, sitting for MOYER, C.J.
(Excerpt) Read more at sconet.state.oh.us ...
David Boies et al are very disturbed at this turn of events.
Not used to Republicans standing up for themselves like this.
Glenn hasn't been an Ohio Senator for sometime. Voinivich and DeWine are the two Senators.
Um, John Glenn's been out of the Senate for a while now.
The "gist" of it is the part that I posted. The Ohio Supreme Court is ordering Blackwell to again instruct the elections supervisors to allow challengers, and they are ordering the elections supervisors to follow that order.
Federal appeals do not go to state courts, so I'm wondering how this plays out. Could be interesting.
LOL! Much better response than mine.
"bee-yotch"
Is this a very recent decision? I could've swore I heard on Brit's show that the lower courts ruled in favor of the Dems in blocking challenges. If this is what it sounds like, that was a quick reversal.
It means the law that is already on the books in Ohio will prevail and a liberal judge will not be able to decide otherwise. This is a real victory not only for the Republicans but for truth and honesty!
This is a HUGE WIN!
Yes, it was from the federal district court. I thought the appeal had been taken to the Sixth Circuit (federal) Court of Appeals. But the State Supreme Court is ruling on a state statute, so I assume any federal appellate court would grant it deference on a theory of adequate and independent state grounds.
Wow, this is super news!
Thanks for translating it.
Might as well have Glenn with those two clowns.
A crook and a gun-grabber.
The only good thing about them is that they have a (R) next to their name...
They should have had a poll before and a poll after based on this ruling since it will effect the outcome. /slight sarcasm
Can re-write laws from the bench? Gee, imagine that.
I believe this order may be designed to force a higher federal court to issue an emergency ruling to clarify the apparent discrepancy between the state supreme court and hte federal court. This Supreme Court ruling seems clearly designed to state, in no uncertain terms, that they are interpreting OHIO law, and therefore the feds should stay out of it.
Amen!! It's hugh and series!!
10 bucks says RESNICK, ACTING C.J., and F.E. SWEENEY, J. are "activist" judges.
I don't get this. This is a decision by the Ohio Supreme Court - the highest state court in Ohio - but I thought that the Dems got a temporary restraining order against challenges at the polling place in U.S. District Court, and that the matter was presently being reviewed by the 6th Circuit Court of Appeals.
Anyone want to 'splain this to me?
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