Posted on 10/14/2012 12:19:01 AM PDT by presidio9
President Barack Obamas campaign is urging the U.S. Supreme Court not to consider an appeal in a dispute over early voting in the presidential battleground state of Ohio.
A lower court had reinstated early voting on the three days before Election Day and returned discretion to local boards of elections.
Secretary of State Jon Husted (HYOO-sted), a Republican, has appealed that ruling. Hes also asked the Supreme Court to delay the lower court ruling while it decides whether to take the case.
Attorneys say the Obama campaign submitted a court filing
(Excerpt) Read more at washingtonpost.com ...
Ah, yes, threatening Roberts again...nice touch.
Sadly, Judge Roberts has done the most recent damage.
I’m so sick and tired of pretzel judicial rulings.
I’ve read transcripts and listened to many Supreme Court oral arguments. Roberts is in no possible manner a liberal. I was very disappointed in the Obamacare ruling, also, but pleased that he blocked the abuse of the Commerce Clause. Regarding his approving the legislation as falling under congressional taxing power, I’m holding out with others that he did so to leave open the future challenge that the “tax” was not constitutionally passed because it did not originate with the House.
I know that the Senate used an original House bill and then gutted it to insert Obamacare, but that practice itself should be ruled unconstitutional as it deliberately subverts the intention of the Constitution. From what I understand, the practice has never been challenged in the courts before but it can’t be done with this until someone actually incurs the “tax” and then has standing.
I can see why you might not agree, but everything else I have seen from Roberts has been consistently conservative and it is ridiculous for many here to call him a liberal or marxist because of this one complicated case and ruling :-(
The decision was more than "very disappointing" it was one of the dumbest decisions in the court since the Dredd Scott case.
The AZ case was pretty bad as well.
There is no defense for Roberts for these two capitulations to the liberal Gods of insane jurisprudence.
I know :-(
I do agree that he should have struck the whole thing down. I’m still hoping that he planned it will be challenged and then struck down as a “tax”. In the meantime, we have a very good argument against the slimy Democrats who insisted the entire time they were forcing Obamacare through Congress that “THIS IS NOT A TAX!” but then argued stridently to the Supreme Court that is was constitutional because it WAS a tax.
Tamzee I appreciate the fact that you have read his rulings, and I’m more than happy to defer to your take on Roberts overall.
All I can say is that this one Roberts’ ruling, will be the one he has hung around his neck for all time. He’s only got himself to blame for that too.
If he had a problem with the way this tax was instituted, he should have refused to back Obamacare on Constitutionality. I can more easily see him making that stretch than the one he did make.
You know..., I don’t like Obama. That being said, I thought Roberts acted improperly with the swearing in. He should have conducted it flawlessly. It was amazing to me that he would not be more careful there.
Perhaps the guy will redeem himself over time, but frankly he’s a great big question mark for me now. There’s no telling what this guy will do from here on out.
I fully agree with your criticisms above and am not as enthusiastic about Roberts as I once was.
That said, I really think you might find this very interesting. It is the audio and transcript for the oral arguments the other day regarding the Fisher affirmative action case. (The transcipt is worthwhile, but the audio is superior in that you can catch their tones and timing.) Roberts was terrific. The university keeps insisting that race is only one of many “holistic” qualities used to determine acceptance. Roberts was the one who pointed out during arguments that “race” was the only “holistic” quality that appears on every cover of each application. Roberts also posed a strong defense of Fisher having standing to pursue the case.
Other than that, Scalia was also brilliant, Alito wonderful as well and Kennedy was impressive. They did a great job through their questioning of pointing out the inherent silliness of the University’s claims. Ginsburg and Sotomayer were typical leftist idiots, and Sotomayer sounded quite bitter in her comments at the end of the session.
http://www.oyez.org/cases/2010-2019/2012/2012_11_345
It was great fun to listen in, but terrifying at the same time to consider two or three more Sotomayers or Kagans overwhelming these arguments and tipping the court radically to the left in decisions. And I think that is where we land if Obama gets back in :-(
I need to look only at his vote on the health care law.
Look, early voting is a disaster for more reasons than I can name, but here are a few:
1) It is questionably unconstitutional
2) It diminishes the role of the People as, in effect, a jury - We are supposed to hear the evidence before we make a decision.
3) It is, of course, an invitation to fraud, massive fraud. We have poll watch systems in place in every precinct on Election Day, not here.
4) As far as sick people - if they are too sick to vote on Election Day, they can vote absentee.If they are too sick to vote absentee, they should not be voting. If they are dead by Election Day, they shouldnt be voting at all.
5) Military: Commissioned officers should not vote (if it was good enough for Eisenhower and Nimitz, Im fine with the tradition). Enlisted men should vote via a special absentee mechanism, run by their home states (no Federal or DOD involvement, other than resources), on Election Day, and their votes should be counted as late as necessary.
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