[Paleo Conservative]

Too late, Rats got their ruling

In the NJ Supreme Court. This case is going to the US Supreme Court! Military balots are covered by federal law. I'm sure the DemocRATS want the issue if disenfranchising military votes to be a hot issue going into the mid-term elections. There are several states with close US Senate races. I can imagine this issue could help several Republican senate candidates.

[copycat]

This decision violates the law of the land, established under Bush v. Gore.

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

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."