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 court’s 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 ...
I'm in law school. If a federal court makes a decision interpreting a state law (in other words, federal courts sometimes will rule on a state law matter based on how they perceive the state courts will) then a state supreme court can in essence overrule.
Holy Tamales!
A set of judges who actually rule on what the law IS, not what their partisan ideology WANTS IT TO BE?
What's this world comin' to?
This is really, REALLY good news!! The Dem fraud machine in Ohio just got kicked in the cajones.
A state court can't overturn a federal court.
How is that possible?
State Supreme Courts are not in line about a Federal District Court. It would have to go to a higher Federal Court.
Right?
Thank you for that explanation -- in post 24.
It means the OH Supreme Court just delivered a firm kick in the teeth to that charlatan Clinton-appointee in Cincinnati who thought she could appoint herself as the legislature and governor for the entire state. She tried to make up law to serve her left-wing masters, and, fortunately, the OH SC smacked her down.
I was thinking the same thing.
I'm not a lawyer, but I don't think that the State Supreme court has jurisdiction over a federal district court. However, I think that a judge in Akron ruled in such a way as to make a path to the state court for a very similar case. Thus, the state court had an opportunity to rule on the issue.
Although she claims its constitutional in nature, I don't think that this Clinton-appointee leftist fed judge will (or even can) push the issue. She certainly has no time left on the clock for this election.
Yeah, but I understand he had a hand in Dlott's appointment. Good to see the OSC zot Dlott.
It's clear when you read this decision that they're responding to the federal court decisions, because the dissenters discuss the issues raised by Judge Dlott.
another thread states that the 5th Circuit ruled against us.
No, they can't overturn it but they can interpret and apply state law separately -- they have issued an order to the Secretary of State to enforce the law on the books by allowing challengers. My understanding was that a separate appeal from the Dlott decision was taken to the Sixth Circuit which is reviewing it solely on briefs (no oral argument) and stated it would issue a decision by midnite tonite. The Ohio State Supreme Court's interpretation and order makes it much harder for them NOT to reverse the district judge's bizarre adverse ruling which I understand overturned 100 years of law in Ohio.
This is why winning the elsction is so damn important. Conservative judges who foolow the law and the Constitution.
It will now take the US Supreme Court to overturn the Ohio Supreme Court and I doubt that will happen.
I count 4-3, but same result.
If the federal court has jurisidiction, then the matter is not entirely an issue of state law (unless there's diversity, not at issue here.) TO my knowledge, the 6th Circuit is presently taking up the issue of challenges within the polling place, and there's federal jurisdiction under a federal statute - I forget the name of the statute; it's some good government federal election law passed post Florida-2000.
Under the Supremacy Clause, if the 6th Circuit nixes challenges within the polling places, that trumps the state court.
Thank God. Fifty years and not a peep out of the Democrats until now??
They should have changed it back when they were voting it into law...
YES!! Whooo F'in hooooo!!
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