Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Grunthor
None of the lawsuits has gone anywhere up to now.

These things won’t go anywhere either.

There is a high probability you are right. However, it is not for lack of a legal basis, but for the courts' unwillingness to adapt their "standing" doctrine to an apparent abuse of the US electoral system. Legal "culture" is enormously powerful. Raw legal logic cannot win the day without finding some seam in legal culture through which it can pass.

Which is precisely the advantage in bringing these NBC challenges at the ballot access level, because that is where they should have been brought the first time to circumvent the standing issues that have plagued the after-the-fact cases.

Furthermore, the quasi-judicial bodies that determine ballot challenges are not reliably embedded in traditional legal culture. They can be all over the map, from totally predictable political machines to a loose collection of part-timers who may actually think seriously about the issues presented.

So, while I do rate your prediction as very likely to come true, it is not guaranteed. It's the right place in the process to bring the objection, and if the venue is just right, who knows?

11 posted on 12/16/2011 6:03:00 PM PST by Springfield Reformer (Winston Churchill: No Peace Till Victory!)
[ Post Reply | Private Reply | To 4 | View Replies ]


To: Springfield Reformer

Absolutely right. What I wanted to say, but probably better put.


36 posted on 12/17/2011 6:31:42 AM PST by DiogenesLamp (Partus sequitur Patrem)
[ Post Reply | Private Reply | To 11 | View Replies ]

To: Springfield Reformer

Great post and thanks for articulating a more in-depth understanding of the process. I’m hopeful. Let’s cross our fingers...


111 posted on 12/18/2011 1:41:21 PM PST by AlanGreenSpam (Obama: The First 'American IDOL' President - sponsored by Chicago NeoCom Thugs)
[ Post Reply | Private Reply | To 11 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson