[jpl]

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).

[princess leah]

Why ARE judges appointed and NOT elected? They seem to wield so much power and yet are not chosen by Joe Voter at all but by the party in power! This seems very wrong to me!

[Boatlawyer]

It's been awhile since I read the decision, but I seem to remember them acknowledging that election laws are determined and applied by each state, except when it's a presidential election. I don't remember a lot of due process/equal protection discussion (which is what I thought they could have rested on). I was glad they made the decision they did, but have been concerned about the consequences.

If Supremes want to kill this sort of thing, they can decline jurisdiction based on their previous holding which was limited to national presidential elections. That would also invalidate 9th Circ. decision.