To: CheneyChick
Judges aren't supposed to reflect the "will of the people" they are supposed to interpret law. Will of people is the province of legislators.
Hate to say it, but the Supreme Court opened the door on this one in Bush v. Gore. Now it seems federal court is the venue for state election disputes.
Law of unintended consequences strikes again.
To: Boatlawyer
Hate to say it, but the Supreme Court opened the door on this one in Bush v. Gore. Now it seems federal court is the venue for state election disputes. The Supreme Court had to get involved in the Florida dispute because the Florida Supreme Court violated the Equal Protection clause and Due Process clause of the U.S. Constitution, and as well all know state law cannot supersede federal law. Unfortunately, I believe that the Supremes will not get involved in this latest travesty from the Ninth however (the New Jersey Torricelli case seems to set a precedent there).
22 posted on
09/15/2003 1:24:06 PM PDT by
jpl
To: Boatlawyer
they are supposed to interpret lawWhich is something the 9th Circuit has historically been sh*tty in doing... based on the number of their decisions that have been overturned.
Hate to say it, but the Supreme Court opened the door on this one in Bush v. Gore.
Gore was the one who took it to the court (kangaroo) in the first place.
24 posted on
09/15/2003 1:26:37 PM PDT by
CheneyChick
(Recall the 9th Circuit)
To: Boatlawyer
The Florida decision was NOT about a "state election dispute." It was about a federal election and the interposition of the Florida SC where it (by the US constitution) had NO jurisdiction.
Nor was that the first example of the Supreme Court getting into election disputes.
42 posted on
09/15/2003 1:50:09 PM PDT by
justshutupandtakeit
(America's Enemies foreign and domestic agree. Bush must be destroyed.)
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