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To: pabtahian

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.


58 posted on 11/01/2004 5:30:30 PM PST by BCrago66
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To: BCrago66

"Under the Supremacy Clause, if the 6th Circuit nixes challenges within the polling places, that trumps the state court."

If that happens then it is time for Ohio to declare its independence from the union...LOL


66 posted on 11/01/2004 5:32:39 PM PST by Revel
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To: BCrago66
So we should have the 6th Circuit sometime tonight decide this, is that correct?
73 posted on 11/01/2004 5:34:20 PM PST by Teslas Pigeon
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To: BCrago66
OK, so if this federal election law they are ruling on does this mean the observers in all states are now illegal?
82 posted on 11/01/2004 5:35:42 PM PST by Wild_Bill_8881 (If ya can't dazzle 'em with brilliance, baffle 'em with BS)
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To: BCrago66

Admittedly, my fed courts jurisdiction might be a bit rusty, but my perception was that this was a matter of state law before a federal district court. If the above statement is correct, then the federal court is bound to interpret the state law as it perceives a state court would do. Thus, a state supreme court can issue a contrary ruling and be the controlling authority. If I'm wrong on my presuppositions then I defer.


105 posted on 11/01/2004 5:41:21 PM PST by pabtahian
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