BREAKING-Supreme Court OVERTURNS RULING on OHIO DATABASE SHARING

[jenmito]

The Repubs. LOST!:

COLUMBUS, Ohio — The U.S. Supreme Court has sided with Ohio Secretayr(sic) of State Jennifer Brunner in an Ohio voter reigstration dispute.

Ohio's elections chief had asked the U.S. Supreme Court to review the case.

Siding with the Ohio GOP, a federal appeals court had earlier this week ordered Secretary of State Jennifer Brunner to set up a system for verifying the eligibility of new voters.

Secretary of State Jennifer Brunner wanted the high court to overturn the ruling she believes could disenfranchise nearly a third of the newly registered voters in Ohio.

About 200,000 of 666,000 voters who have registered since Jan. 1 have records that don't match.

http://www.10tv.com/live/content/onnnews/stories/2008/10/17/voterfraud.html?sid=102

[Thrill]

1. woooooooooohoooooooo

[Lerrad]

90. Guess Again Link>

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=132x7501819

[skooooo]

2. This is the Ohio State Supreme Court, I'm sure...

...and the Republicans will take the lawsuit to the next level, which would be...??? anyone know?

[steve2470]

3. no, it's the SCOTUS nt

[DeepBlueDem]

7. the US Supreme Court ruled on this

No political party shouldn't have more power than the state.

[skooooo]

9. Cool!! I stand correct.

That *IS* good news.

[cascadiance]

67. Maybe they sense that impeachments could be on the table if they rule incorrectly!...

Perhaps its a good sign...

[Usrename]

87. Scalia should be impeached in any event.

His failure to recuse himself while he was duck hunting with the defendant is unconscionable.

Who does he think he is? What judge would do that? He's batshit crazy!

[jenmito]

6. It didn't say the OH State SC. I'm not sure, but even if it is, and the Repubs. appeal,

it may be too late.

[DrToast]

8. The next level beyond the Supreme Court? God?*

*

[RoadRage]

Even GOD agrees that the republicans are idiots..

That's why Obama is winning this year. Palin is just Lucifer in chick clothing.. only the dumb are fooled!

[cjsmom44]

18. Agreed

One must never know what God thinks...but this election season I have a strong feeling he/she is out to bring down the GOP!

[RoadRage]

63. And that speaks volumes about what God Thinks.. "GOP" =

God Only Party. ;)

[Alter Ego]

61. The newly-created ULTRA-MEGA SUPREME COURT 2000-X

will now rule on it.

[Jersey Devil]

4. Was it simply a temporary stay or a reversal?

There is a huge difference.

[jenmito]

10. NOT a temporary stay. They overturned the ruling. n/t

[Jersey Devil]

20. Just saw the link - terrific news, saves maybe 200,000 new voters (nt)

[jberryhill]

56. It was a reversal of the Temporary Injunction

Which means the GOP can drag out the proceedings some more.

JENNIFER BRUNNER, OHIO SECRETARY OF STATE
v. OHIO REPUBLICAN PARTY ET AL.
ON APPLICATION FOR STAY


PER CURIAM.

On October 9, 2008, the United States District Court for
the Southern District of Ohio entered a temporary restraining
order (TRO) directing Jennifer Brunner, the
Ohio Secretary of State, to update Ohio’s Statewide Voter
Registration Database (SWVRD) to comply with Section
303 of the Help America Vote Act of 2002 (HAVA), 116
Stat. 1708, 42 U. S. C. §15483(a)(5)(B)(i).* The United
States Court of Appeals for the Sixth Circuit denied the
Secretary’s motion to vacate the TRO. The Secretary has
filed an application to stay the TRO with JUSTICE

STEVENS as Circuit Justice for the Sixth Circuit, and he
has referred the matter to the Court. The Secretary argues
both that the District Court had no jurisdiction to
enter the TRO and that its ruling on the merits was erroneous.
We express no opinion on the question whether
HAVA is being properly implemented. Respondents,
however, are not sufficiently likely to prevail on the ques-
tion whether Congress has authorized the District Court
to enforce Section 303 in an action brought by a private
litigant to justify the issuance of a TRO. See Gonzaga
Univ. v. Doe, 536 U. S. 273, 283 (2002); Alexander v.
Sandoval, 532 U. S. 275, 286 (2001). We therefore grant
the application for a stay and vacate the TRO.


——————
* Title 42 U. S. C. §15483(a)(5)(B)(i) (2000 ed., Supp. V) states, in
relevant part:
“The chief State election official and the official responsible for the
State motor vehicle authority of a State shall enter into an agreement
to match information in the database of the statewide voter registration
system with information in the database of the motor vehicle authority
to the extent required to enable each such official to verify the accuracy
of the information provided on applications for voter registration.”

[Cush]

5. ha!

[jenmito]

12. I bet Faux will be fuming all day today!

[blogslut]

11. Link!

http://www.10tv.com/live/content/onnnews/stories/2008/10/17/voterfraud.html?sid=102

COLUMBUS, Ohio — The U.S. Supreme Court has sided with Ohio Secretayr(sic) of State Jennifer Brunner in an Ohio voter reigstration dispute.

Ohio's elections chief had asked the U.S. Supreme Court to review the case.

Siding with the Ohio GOP, a federal appeals court had earlier this week ordered Secretary of State Jennifer Brunner to set up a system for verifying the eligibility of new voters.

Secretary of State Jennifer Brunner wanted the high court to overturn the ruling she believes could disenfranchise nearly a third of the newly registered voters in Ohio.

About 200,000 of 666,000 voters who have registered since Jan. 1 have records that don't match.

The GOP contends the information for counties will help prevent fraud...

[jenmito]

13. THANKS! I'll put it in my OP!

:hi:

[bettyellen]

14. i wish Andy were here to see this.

:woohoo:

[steve2470]

15. this is awesome news !!!!!!!!!!!!!!!! nt

[bleever]

16. Fantastic news.

:woohoo:

[ebdarcy]

17. Ha! Suck it Ohio republicans. K&R for Jennifer Brunner.

[Every Man A King]

19. Vote in the poll at the link nt

[blueclown]

21. Yes!

:woohoo: :woohoo:

What were the details of the decision?

5-4?

[jenmito]

23. I edited my OP with a link provided up-thread. n/t

[VolcanoJen]

22. Oh Thank Gawd!!!!!

You guys have NO IDEA how concerned we were about this in Ohio!!!!!!

:bounce: :bounce: :bounce:

Unbelievable, isn't it?? WOW!!!!

JENNIFER BRUNNER IS MY HERO!!!!!!!!!!!!!!!!!!!!!!!!!!!

[jenmito]

28. I think WE were concerned about this, too! Afterall,

this is a big deal to ALL of us. It would open the door to Repubs. trying this in other states, too! They failed! :bounce:

[VolcanoJen]

39. I know, I know, but Ohio has been getting the short end of the stick...

... for awhile now. I'm so tired of my safe-blue-state friends saying, "Don't screw it up again for all of us, Ohio!" when what they really should be doing is getting their asses to Ohio the next two weekends to give us a hand with this historic, monumental GOTV Effort!!!!

:hug: jenmito! :hug:

[jenmito]

45. Oh...

I feel your pain. Living in NY, I guess I didn't realize what Ohioans have been going through.

Back atcha! :hug: VolcanoJen :hug:

[ellacott]

29. Amen!!!!

I'm in Ohio also and yes, this was a HUGE concern for us.

Brunner has guaranteed her re-election.:toast:

[Joanne98]

31. JENNIFER BRUNNER ROCKS!

[chill_wind]

86. She rocks indeed. I hope her political future grows bigger and brighter than ever. n/t

[ProSense]

37. Why

Yes. She. Does.


:bounce:

[ebdarcy]

41. I emailed her office to thank her.

I have no idea if I used the right link, because they have several listed. But I just wanted them to know how grateful I was. After living with the travesty that was(is) Ken Blackwell, it's nice to have a Secretary of State who fights for the voters and not against them.

I hope she decides to run for governor one day.

[ellacott]

43. Good idea

I will email her also. I think she would be a very good Govenor.

[Alter Ego]

64. I want to know how this got past a Republican Supreme Court.

Surely Scalia and his minions voted to uphold it...?

[Marsala]

24. Kickass!

Good luck to the Repukes trying to force through a constitutional amendment by November 4th!

[Godhumor]

25. LOL, so does the US Supreme Court have a majority of "Activist Judges" now?

Color me absolutely shocked and thrilled.

[ProSense]

26. The biggest factor in why this happened

Secretary of State Jennifer Brunner is a Democrat.

The appeal was filed directly with Supreme Court Justice John Paul Stevens who oversees the 6th Circuit Court.

link

Republicans are toast.

[jenmito]

32. Yup. No more evil Repub. Ken Blackwell!

This is GREAT NEWS!

[Lasher]

44. So SCOTUS Justice Stevens acted alone in this decision?

I fully expected we would get hit with a partisan Bush v. Gore type of response from the SCOTUS but I do believe you have identified the reason this did not occur.

[BzaDem]

46. The decision was unsigned, but I doubt he acted alone. Usually these petitions are shared.

[Lasher]

51. You're right. This just in...

Breaking: US Supreme Court sides with Democratic Secretary of State in Ohio voting case

The Supreme Court has decided in favor of Ohio Secretary of State Jennifer Brunner, who appealed a lower court ruling that would have potentially prevented up to 200,000 newly registered voters from casting a ballot. Molly Hennenberg on FOX News reported that The Court found that safeguards that are in place to prevent voter fraud are sufficient. Justice John Paul Stevens, in charge of the Sixth Circuit which issued the earlier ruling, took the appeal to the full court.

http://www.newshounds.us/2008/10/17/breaking_us_supreme_court_sides_with_democratic_secretary_of_state_in_ohio_voting_case.php

[TornadoTN]

77. "Justice John Paul Stevens took the appeal to the full court"

Credit the SCOTUS for having the wisdom to see through this.

Also credit Justice Stevens for having the backbone and class to take it before the entire court, so as not to cause a political rift. That's a true statesman.

[okieinpain]

73. good news, but does the total number of new voters have to be

666,000. geez.

[vaberella]

80. I just read their site. Isn't the NPR news clip dated?

They make it seem as though there is still a decision left to be made.

[vaberella]

81. DUpe.

[steve2470]

27. this is all I can get so far

http://origin.www.supremecourtus.gov/docket/08a332.htm

[CitizenLeft]

30. FANTASTIC FANTASTIC FANTASTIC!!!!

As an Ohioan... I'm crying tears of joy and relief!!!

[WeDidIt]

33. This is EXCELLENT News for Joe the Plumber

Since his name is misspelled on the voter rolls, he could have lost his vote.

Of course, it's great news for a lot more Democrats, too.

[gkhouston]

42. LOL, but it gives a well-known face to the reality that legitimate voters can be

purged for misspellings, etc.

[Kukesa]

34. This Buckeye is very happy! Thanx, jenmito. n/t

[jenmito]

38. My pleasure! This New Yawker is very happy, too! It's good news for ALL of us!

I'm so glad you have a Dem. Sec. of State! :hi:

[Essene]

35. any details on their decision?

[yellowcanine]

36. I thought it was only Justice Stevens that was going to review it. Did he take it to the whole

SCOTUS? If he did, it is a done deal. If not, the Pubbies could ask for a whole court review. They likely would not get it, but never know with THIS court.

[Kukesa]

62. See Post #49 -- the entire Court agreed. n/t

[City Lights]

40. Great news!

:bounce:

[AlCzervik]

47. anybody know if there was any dissent and if so was it the usual suspects?

[Thrill]

48. This is probably the difference in Obama winning OH

[steve2470]

49. THE PER CURIAM ORDER IS HERE

http://www.scotusblog.com/wp/wp-content/uploads/2008/10/ohio-order-10-17-08.pdf

[Kukesa]

59. Wonderful! Thanks, Steve. n/t

[budkin]

50. Great news!

[progressoid]

52. Damn Liberal activist judges!

[MindMatter]

53. Let's get to first principles

Nobody wants election fraud, even if it benefits Democrats.

Out of that list of new registrants, there may be a few "Donald Ducks" or "Minnie Mouses", but unless Mighty Mouse shows up at the polling place with solid ID, he won't vote, and there is no injury down to our democracy.

The GOP can challenge any person who turns up at the polling place, and if they have good reason, then they should.

The issue is the systematic disenfranchisement of hundreds of thousands of voters for reasons that have no basis in the Constitution. This should not have been a difficult decision.

Proving that even the SCOTUS is paying attention to what is happening in this country. The public is not going to roll over this time.

[nini]

54. but but.. Rolling Stone said it was already stolen

Could it be the shit won't fly this time?????

[wiggs]

55. How does this affect the six other states reported as pursuing purges? nt

[jberryhill]

57. Depends on whether its being done by the state, or urged by a private party

JENNIFER BRUNNER, OHIO SECRETARY OF STATE
v. OHIO REPUBLICAN PARTY ET AL.
ON APPLICATION FOR STAY


PER CURIAM.

On October 9, 2008, the United States District Court for
the Southern District of Ohio entered a temporary restraining
order (TRO) directing Jennifer Brunner, the
Ohio Secretary of State, to update Ohio’s Statewide Voter
Registration Database (SWVRD) to comply with Section
303 of the Help America Vote Act of 2002 (HAVA), 116
Stat. 1708, 42 U. S. C. §15483(a)(5)(B)(i).* The United
States Court of Appeals for the Sixth Circuit denied the
Secretary’s motion to vacate the TRO. The Secretary has
filed an application to stay the TRO with JUSTICE

STEVENS as Circuit Justice for the Sixth Circuit, and he
has referred the matter to the Court. The Secretary argues
both that the District Court had no jurisdiction to
enter the TRO and that its ruling on the merits was erroneous.
We express no opinion on the question whether
HAVA is being properly implemented. Respondents,
however, are not sufficiently likely to prevail on the ques-
tion whether Congress has authorized the District Court
to enforce Section 303 in an action brought by a private
litigant to justify the issuance of a TRO. See Gonzaga
Univ. v. Doe, 536 U. S. 273, 283 (2002); Alexander v.
Sandoval, 532 U. S. 275, 286 (2001). We therefore grant
the application for a stay and vacate the TRO.


——————
* Title 42 U. S. C. §15483(a)(5)(B)(i) (2000 ed., Supp. V) states, in
relevant part:
“The chief State election official and the official responsible for the
State motor vehicle authority of a State shall enter into an agreement
to match information in the database of the statewide voter registration
system with information in the database of the motor vehicle authority
to the extent required to enable each such official to verify the accuracy
of the information provided on applications for voter registration.”

[HelenWheels]

58. That should help shoot down the AG in Wisconsin's suit

Van Hollen filed a similar suit to attempt to mess with the vote.

[Hepburn]

60. Heya, Jen....

...great news! :hi:

[jenmito]

65. Hey, Hepburn!

Sure is! :hi:

[Tatiana]

66. OHHHHHHHHHMYFUCKINGLORD!!!!! This is huge! n/t

[jenmito]

68. Yes it is!

:bounce:

[EnviroBat]

69. YES YES YES YES!

There is hope for us here in Ohio!!!

:bounce:

[quantass]

70. Wow. And phew!@

[jenmito]

71. That's for sure!

[dana_b]

72. Evil does not rule the day!!!!

:bounce: :evilgrin: :party:

[WhollyHeretic]

74. Great news!

[SunsetDreams]

75. K&freakinR YESSSSS!!!!

[backscatter712]

76. YES!!!

To the freepers who lurk here, and those from those Sites Which Shall Not Be Named...

SUCK IT, BITCHES!!!

[high density]

78. What's the story behind why the records "don't match?"

A 30% error rate is outrageous, and I find that very hard to believe.

[jenmito]

79. Misspelled names, wrong middle initial, address change, typos, etc. n/t

[jenmito]

82. kick

[debbierlus]

83. WOO HOOOH!!!! Yes. WOW! And, they won't be able to pull this shit in other states!!!

:woohoo:

[jenmito]

84. It looks like they're TRYING in PA. I doubt it will work, though...

especially after THIS ruling.

[pleah]

85. K&R

[ShadowLiberal]

88. Awesome, according to politico it was even a conservative legal arguement dems used to win the case

[windoe]

89. Congratulations Ohioans!!!

This is a happy day!! :toast: Jennifer Brunner scored a big one for us!!