You are viewing an obsolete version of the DU website which is no longer supported by the Administrators. Visit The New DU.
Democratic Underground Latest Greatest Lobby Journals Search Options Help Login
Google

Reply #18: All this means is that INJUNCTIVE relief is not available [View All]

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
This topic is archived.
Home » Discuss » Topic Forums » Election Reform Donate to DU
Land Shark Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-04-06 06:30 PM
Response to Reply #1
18. All this means is that INJUNCTIVE relief is not available
Edited on Sat Mar-04-06 06:33 PM by Land Shark
(unless and until the full opinion says more)

The law presumes that actions for damages are available, and one has to show that there is "no adequate remedy at law" before any injunctive relief can be granted.

THe PA Supreme court could be reversing on that ground alone, and on the wording of the opinion that seems like the most likely reason.

SO, what's important is that the supreme court of PA is NOT saying that there didn't need to be an election (NOTE THE MEDIA IS MORE THAN HAPPY TO REINFORCE THE MESSAGE OF FUTILITY THAT'S NOT THERE AND TO ADOPT THE GOVT TALKING POINT THAT THERE DIDN'T NEED TO BE AN ELECTION).... it's only saying that you can't use injunctive relief to stop it. You may well be able to sue to have the contract found to be void, as I sued for at www.votersunite.org/info/lehtolawsuit.asp (decisions pending)

Also, this is not necessarily, as suggested below, a PA Supreme court finding that HAVA preempts state elections....

Prehaps there are unique PA considerations that go beyond the Pelligrini trial court opinion. but as a non-PA attorney, this is the clear impression I get.
Printer Friendly | Permalink |  | Top
 

Home » Discuss » Topic Forums » Election Reform Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators


Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC