Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

AND STAY OUT!: Dems tell Supreme Court to butt out
ZWIRE ^ | 10/5/02 | ANNE GEARAN

Posted on 10/05/2002 7:27:36 AM PDT by Tumbleweed_Connection

WASHINGTON -- New Jersey Democrats asked the Supreme Court yesterday to stay out of a state election fight that could determine which party controls the U.S. Senate, accusing Republicans of trying to engineer an easy victory for their candidate.

Republicans have offered no good reason that the high court should play referee in the fight over whether the Democrats may replace Sen. Bob Torricelli on next month's ballot, lawyers for the state Democratic Party argued in a court filing.

There was no immediate answer from the high court.

Torricelli abruptly ended his re-election bid earlier in the week, saying he wanted to spare his party a possible loss of its one-seat hold on the Senate. Democrats quickly chose former Sen. Frank Lautenberg to fill in, and the Republicans went to court.

GOP candidate Douglas Forrester's complaint "appears to be that he would prefer to compete with the withdrawn candidate -- hence, not to compete at all,'' the Democrats wrote. "This is not the basis for a federal constitutional claim.''

Torricelli once seemed a shoo-in for re-election, but he sank in the polls following a Senate rebuke last summer after allegations of unethical conduct. Forrester had been successful in making Torricelli's conduct the central issue in the campaign.

The Republicans appealed to the high court Thursday in a move reminiscent of the conclusion of the presidential election battle in Florida two years ago. The GOP wants the court, dominated by Republican appointees, to block a unanimous New Jersey Supreme Court ruling that would allow the candidate switch.

As in the 2000 election fight, Republicans are contesting a ruling from a majority-Democrat state court.

The Supreme Court surprised both sides by jumping into the fight two years ago, ending ballot recounts in Florida by a bitter 5-4 vote. Democrat Al Gore had sought the recounts in hopes of erasing George W. Bush's tiny lead.

At issue this time is whether state law and the Constitution allow the candidate swap so close to the Nov. 5 election. Republicans contend the switch is illegal and would unconstitutionally disenfranchise absentee voters and New Jersey voters living overseas, including military personnel. Hundreds of those ballots are already printed.

New Jersey law bars replacement of candidates less than 48 days before an election, the GOP said.

If the state ruling stands, "political parties will be encouraged to withdraw losing candidates on the eve of election, replacing them with candidates who have not gone through the rigors of the nomination process in hopes of snatching victory from the jaws of defeat,'' Republicans argued to the high court Thursday.

There is plenty of time to reprint ballots, Democrats assured the Supreme Court.

"All voters will be given a ballot and an opportunity to cast that ballot, without any possibility of disenfranchisement or dilution,'' the party said.

Forrester will remain on the ballot no matter what, so it is really Lautenberg and Democratic voters who stand to lose if the New Jersey ruling is overturned, Democrats countered.

"It may be that Forrester believes he will be politically hurt by the New Jersey Supreme Court's judgment and is simply unwilling to say so,'' Democrats wrote.

In New Jersey, Republicans filed a separate challenge in federal court in Trenton on behalf of two people the party contends could lose their votes.

"I already voted. I don't want my ballot nullified,'' said Maj. Kevin Reilly, a military doctor from New Jersey who said he voted by mail from his post in Hawaii.


TOPICS: Front Page News; Politics/Elections
KEYWORDS: democrats; ethics; njballot; politics
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061 next last
To: spald
I seem to recall two SCOTUS votes, one 7 to 2 and the other 5 to 4 but I don't recall specifically what the two votes were about. One thing I'm sure of today, the DemoCraps are framing the issue, only remembering the 5-4 vote (bitter? to whom?).

The 7-2 vote ruled that the manual Florida vote recounts in a small subset of the counties were unconstitutional, reversing the Florida Supreme Court. The 5-4 vote was the ruling that any recount (presumably the entire state) had to be done by midnight, which was impossible and therefore ended the election.

21 posted on 10/05/2002 8:05:37 AM PDT by John Jorsett
[ Post Reply | Private Reply | To 11 | View Replies]

To: j_tull
Unless the Supreme Court intervenes it is over for Forester. Imagine how horrible he must feel. All his efforts to defeat one candidate rewarded by that candidate pulling out and now having to readjust campaign to another candidate. Screwed by the ole bait and switch. SAD!
22 posted on 10/05/2002 8:09:04 AM PDT by LaGrone
[ Post Reply | Private Reply | To 17 | View Replies]

To: spald; John Jorsett
From another Freeper (I can't recall where I found this):

The US Supreme Court ruled three times in the Election fiasco of 2000:

Regarding the inability of any authority to change the rules of a Federal election after the process started (in Floriduh's case, changing the counting and reporting rules in an Electoral College election), it was 9-0.

Regarding the failure to provide equal protection of the voters and their ballots, it was 7-2.

Regarding the complete lack of a Constitutional "remedy" for the Sore Loserman campaign, it was 5-4.

The last one is the one the Dems like to latch onto, but the other two are the key ones, IMHO.

23 posted on 10/05/2002 8:10:02 AM PDT by SW6906
[ Post Reply | Private Reply | To 11 | View Replies]

To: mrb1960
The Supremes rarely if ever meet face-to-face to discuss cases. They write opinions and arguments and send them back and forth through their clerks. They could be anywhere in the world and do this via email and/or faxes.
24 posted on 10/05/2002 8:13:10 AM PDT by SW6906
[ Post Reply | Private Reply | To 15 | View Replies]

To: Tumbleweed_Connection
I'm so furious that the Democrats are doing this in NJ. We are under a liberal siege in this state. That they would break the law with such a cavalier disregard is disheartening at the very least. We need to rally until we see the total demise of this anti-Constitutional Socialist Party!
25 posted on 10/05/2002 8:17:14 AM PDT by Neever
[ Post Reply | Private Reply | To 1 | View Replies]

To: LaGrone
Yeah, aren't we all!?!?!
26 posted on 10/05/2002 8:19:18 AM PDT by mrb1960
[ Post Reply | Private Reply | To 19 | View Replies]

To: SW6906
The Supremes rarely if ever meet face-to-face to discuss cases. They write opinions and arguments and send them back and forth through their clerks. They could be anywhere in the world and do this via email and/or faxes.

Let's hope that this maddening delay is because they are writing as we speak...and that it is taking longer than usual because they are writing the decision so it is clear that this can NEVER HAPPEN AGAIN.

27 posted on 10/05/2002 8:22:02 AM PDT by copycat
[ Post Reply | Private Reply | To 24 | View Replies]

To: Tumbleweed_Connection
It would appear that the national politics of the US has been reduced to approximately the same level as that of Imperial Rome, in the time of the Caesars and the Roman Senate. Elections, such as they were, were marked by intrigue, assassinations and deceit. Law was only a tool to smash your weaker opponents with, not an instrument of equalization. Personal cults, self-aggrandization, bribery and strong-arm rule were the order of the day. Seemingly, this battle has been fought before, and the results have once more been proved inconclusive.

What to do, where to start again? At the moment, I got nothing, except to look upon the situation in almost total awe, that stupidity reigns supreme. I expect we shall have to wait for the almost total self-destruction of the "liberal"-left and try to assemble some new people out of the scattered body parts.

28 posted on 10/05/2002 8:22:08 AM PDT by alloysteel
[ Post Reply | Private Reply | To 1 | View Replies]

To: Hildy
Why is this so hard to understand?

Because you don't have a liberal brain in ya head????

29 posted on 10/05/2002 8:23:40 AM PDT by Howlin
[ Post Reply | Private Reply | To 4 | View Replies]

To: Laverne
The only relevant comparison is the 9-0 decision by the USSC to vacate the SCOFLAs decision....of course the oped piece doesn't mention that fact....not surprising.

I believe that this was the one that said that legislatures write the rules for elections, not the courts. And, as you say, this was unanimous. And I believe that it is relevant.

From scanning through the Rules of the SCOTUS, it appears that Souter can rule on this himself OR he "may" refer it to the whole court. If he does the latter and four Justices agree, they hear the case.

30 posted on 10/05/2002 8:24:01 AM PDT by jackbill
[ Post Reply | Private Reply | To 13 | View Replies]

To: Yakboy
Check the ~federal Uniformed and Overseas Citizens Absentee Voting Act and post some information.
31 posted on 10/05/2002 8:24:20 AM PDT by Tumbleweed_Connection
[ Post Reply | Private Reply | To 18 | View Replies]

To: LaGrone
Unless the Supreme Court intervenes it is over for Forester.

I serously doubt that. This move has sickened a lot of Democrats, plus Lautenberg said a number of unflattering things about being a Senator. It'll still be a race if the USSC doesn't rule against Lautenberg.

32 posted on 10/05/2002 8:25:39 AM PDT by John Jorsett
[ Post Reply | Private Reply | To 22 | View Replies]

To: SW6906
Good summation.
33 posted on 10/05/2002 8:25:42 AM PDT by jackbill
[ Post Reply | Private Reply | To 23 | View Replies]

To: Tumbleweed_Connection
Read what the Democrats and Republicans have filed with the Supreme Court here:

http://news.findlaw.com/legalnews/lit/election2002/#forrester

Regards,

Allan J. Favish
http://www.allanfavish.com

34 posted on 10/05/2002 8:35:05 AM PDT by AJFavish
[ Post Reply | Private Reply | To 1 | View Replies]

To: SW6906; Laverne; John Jorsett
A sincere thank you for the cascading clarifications.
35 posted on 10/05/2002 8:40:09 AM PDT by spald
[ Post Reply | Private Reply | To 23 | View Replies]

To: j_tull
Problem is, this theme has already been picked up by the Dem media 'hos and will resonate with the sheeple. My bet, Forrester loses.

You are right. The best thing for the Republicans to do is get this out of the courts and go to the people. Keep pointing out the slime tatics of the Democrats. It might not save New Jersey for Forrester, but it could have a big impact on Democrats in other states. Many regular bump along Democrats are very uncomfortable with the party tatics lately. Forget the arguments to the Supreme Court, go after the sleze factor that is obvious.

36 posted on 10/05/2002 8:40:30 AM PDT by Blue Screen of Death
[ Post Reply | Private Reply | To 17 | View Replies]

To: John Jorsett
I hope you are correct. I was going by NJ being a heavily Dem state and Lousenberg's name recognition, and the times he was reelected.

I'm hoping law is restored by the Supreme Court knocking down the NJ ruling. Forrester was totally put at a disadvantage by the NJSC.

37 posted on 10/05/2002 8:41:34 AM PDT by LaGrone
[ Post Reply | Private Reply | To 32 | View Replies]

To: AJFavish
Very interesting website, I got it bookmarked now and look at it more detail later.
38 posted on 10/05/2002 8:43:41 AM PDT by mrb1960
[ Post Reply | Private Reply | To 34 | View Replies]

To: Hildy
Seems very simple to me. Once absentee votes are accepted, you cannot change the ballot. Period. Why is this so hard to understand?

Since when did reality ever count as much for liberals as what they think reality ought* to be?

*for liberals, always curiously nothing different from "whatever I happen to want".
39 posted on 10/05/2002 8:50:09 AM PDT by aruanan
[ Post Reply | Private Reply | To 4 | View Replies]

To: copycat
...and that it is taking longer than usual because they are writing the ...

At this point the issue is whether or not to issue a writ of certiorari - i.e. a decision to take up the case. Additionally they might be debating whether to issue a temporary injunction.

40 posted on 10/05/2002 8:51:31 AM PDT by AndyJackson
[ Post Reply | Private Reply | To 27 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson