OH Supreme Court Allows Challenges

[phish420]

Just announced on CNN...
there is now an issue of whether the federal court that called them illegal for racial discrimination trumps the supreme court of OH that is allowing them...UGH!

[fryguy]

1. federal v. state = federal wins

SCOTUS pretty much made that point crystal clear - just read Bush v. Gore

[phish420]

7. So do they have to go to the USSC??

cuz this OH SC ruling came down AFTER the two federal rulings...
Repugs seem to think this is a green light for challenges...

[regnaD kciN]

29. But that means nothing unless...

...the Bush administration sends in federal marshalls to enforce it. :eyes:

Seriously, the challenges will be made at polling places, Ohio state and local law enforcement authorities will claim the state supreme court prevents them from stopping it, and Ashcroft will look the other way...to busy fighting terra, you know, to waste federal resources on something so small.

:argh:

[phish420]

2. The federal court should trump it though...

Federal law regarding racial discrimination should strike down any supreme court ruling...I hope

[Beetwasher]

3. Federal Court Trumps; It's UNCONSTITUTIONAL

That's Federal jurisdiction...

[Padraig18]

4. No issue, just cheap tactics.

Federal law overides state, when they are in conflict.

[DireStrike]

5. Jeez that was fast.

Too bad Federal court wins.

[MoonRiver]

28. TOO BAD federal court wins?

[Christiandem]

6. One word: Pre-emption

Although, could you give more details?

[HerbieHeadhunter]

11. GOP will argue seperate and independant state grounds....

under the Ohio Constitutional for the State Supreme Court matter....the same argument by us in 2000 that got shot to shit by the SCOTUS.

Good thing is that this whole affair has been terrible PR for the rethugs in Ohio and is driving more voter turnout and anger, from what I hear.

[Christiandem]

12. What is the issue in the Ohio courts?

If challenge is re minority turnout, then feds definitely have jurisdiction. If not, it probably has to do w/some other stuff

[HerbieHeadhunter]

13. The constitutionality under the state...

consitution of the Ohio statute which allows the vote contests...but without hearing anything about it, I can only guess.

If the Ohio Supremes have indeed ruled this way tonight, this is a hell of a deal.....one, you have collateral estoppel with the issue having been litigated in federal court and with federal appeal remedies still available, two you have supremacy clause issues and issues of federalism, and three, you have some really shitty PR by the GOP in show of their desperation.

[Christiandem]

16. Supremacy Clause would trump over OSC

However, I think people are getting confused. They probably are litigating over 2 different set of issues. It seems strange that the state court would be involved here, unless this is an issue as to how people can challenge voters.

[snippy]

22. "seperate and independant state grounds" are irrelevant if a state law

is found by a federal court to violate the US Constitution. A state supreme court can not overrule any federal court on a question of US Constitutional law.

You may be thinking of the situation where a state supreme court finds a state law to violate the US Constitution and then adds that it also violates the state constitution. That usually precludes federal court review.

[Christiandem]

23. I thought

I thought that the only time the feds are precluded is if the issue only pertains to an issue of state law. If the state somehow finds that the law violates the US Constitution, it is grounds for the Feds to take a look at it.

[snippy]

26. Federal courts usually won't take the appeal in such a case because it

can not change the outcome of that case. As I recall, this is based on the "case or controversy" clause but I am not certain about that.

[Bossy Monkey]

8. AP story not updated yet, but previous story said GOP was appealing

to Federal appeals court. That indicates that this might be a different case.

Edit: Now they've updated; still no mention of OH Supreme Court. I'm still monitoring.

[HerbieHeadhunter]

9. So for the GOP, the Federal courts have jurisdiction....

over constitutional questions of state election laws in Florida, but not Ohio?

Funny how that works.

[fryguy]

14. its the little known 10 1/2 Amendment n/t

[HerbieHeadhunter]

15. That's right, I forgot about the White Supremacy Clause*

nm

[snippy]

24. Excellent. n/t

[realisticphish]

10. see, THIS is why we need to change our goddamn judges nt

[Awsi Dooger]

17. We lost a Supreme Court by 1 vote again

CNN reported the Ohio Supreme Court vote at 4-3

[kohodog]

18. Google has no info on this.

Is it true? CNN is as misguided as Fox lately.

I haven't seen anything on this ruling elsewhere either.

[Christiandem]

19. Again, I don't see it on the news

[quaoar]

20. Here's the story from AP

CINCINNATI (AP) — Two federal judges Monday barred Republican Party representatives from challenging the eligibility of voters at Ohio polling places on Election Day.

U.S. District Judge Susan Dlott said that a black couple suing over such challenges would probably be able to prove them unconstitutional. In a similar case in Akron, U.S. District Judge John Adams said it is up to regular poll workers to determine if voters are eligible.

“In light of these extraordinary circumstances, and the contentious nature of the imminent election, the court cannot and must not turn a blind eye to the substantial likelihood that significant harm will result not only to voters, but also to the voting process itself, if appointed challengers are permitted at the polls,” Adams said.

[Christiandem]

21. That's a fed court decision. Where is the state court decision?

[quaoar]

25. A federal court decision would overrule a state court decision

[fryguy]

27. any link for this?

haven't found anything on it