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To: Conscience of a Conservative
1) File a challenge to a candidate's qualifications before the candidate is elected; or

That was done, and rejected on "standing" and "ripeness". I understand the ripeness part, there is no injury for someone just being nominated by a party, eligible or not. Perhaps between the election and inauguration would be the "proper" time, although that was attempted as well.

330 posted on 10/29/2009 1:56:07 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: El Gato

The issue with the challenges that occurred prior to the election, and between the election and the inauguration, is that they had the wrong plaintiffs. I believe, based on this opinion, that the only real chance of getting a full hearing on a candidate’s qualifications would be for another candidate (major or minor) to bring a challenge prior to the election (or, as you mentioned, maybe in between the election and the inauguration).

Standing is a tough hurdle to clear, but it is an important check on judicial power.


341 posted on 10/29/2009 2:00:48 PM PDT by Conscience of a Conservative
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