Does Anyone know what's going on with the Supreme Court RE: NJ

10/5/02 | Grammymoon

[mrs9x]

Congressman,

I am a 2L at UVA law school with a 3.6 GPA. I was wondering if there is any way that I could volunteer to help you with your work on constitutional law. Drop me a line at my Freerepublic mailbox if you are interested. I have a deep concern for constitutional law, and I would love to help out if I can. Thanks.

[PatrickHenry]

This is the brief that Forrester filed with the USSC, attempting to get Souter to pass the case on to the full court. It's 21 pages long, and it's viewed in Acrobat, I think:
HERE.

[Exit148]

Wah-hoo-wah!

[blackdog]

If the senate goes back to pubbies, Torch will be Arkancided. The rats have created "The Beast" within the DNC ruling mob-bosses(no disrespect toward our Mafia). Being a rat is a scary thing in these times.

[grammymoon]

Thanks
As always, clear and concise.

[GirlShortstop]

If the senate goes back to pubbies, Torch will be Arkancided.

so very sorry to hear that </sarcasm off>

[TheDon]

US Constitution
Article 1, Section. 4.

The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.

The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day.



AMENDMENT XVII
Passed by Congress May 13, 1912. Ratified April 8, 1913.

Note: Article I, section 3, of the Constitution was modified by the 17th amendment.

The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.

[TheDon]

"The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof"

What the FL and NJ Supreme Court don't seem to understand is that they are not the Legislature. In both cases they have violated this section of the US Constitution.

[Wolfstar]

"The bad guys will do things that the good guys won't do."

Yep, and the self-proclaimed supporters of the good guys will whine and complain about how the good guys "don't have any balls." These sunshine supporters will then vote for one of the minority parties to "send a message" to the good guys, thereby ensuring that the bad guys keep increasing in strength.

[Wolfstar]

Congress won't enact squat in this regard if the Dems have anything to say about it.

[LaGrone]

Oh well as they say some day chicken some day feathers! Too bad for Torchy!

[John Jorsett]

Congress won't enact squat in this regard if the Dems have anything to say about it.

I think that's the point of the trench warfare over the Senate elections. To make sure they don't have anything to say about it.

[Wolfstar]

"...isn't the Senate ultimately a national office?"

Senators and U. S. Representatives are federal offices, but not national offices. Senators represent their entire states, and members of the House represent their congressional district within a state. It is true that their lawmaking and pontificating on issues affects the nation as a whole, but that is only because they operate at the federal level of government. The bulk of what they do is actually pretty ordinary stuff. It basically has to do with helping people in their states or districts to interact with the federal government on personal or business matters, and ensuring that a "fair" share of the federal pie goes back to their state/district.

[Unknown Freeper]

Hoping for an update soon bump

[evolved_rage]

bttt

[Congressman Billybob]

Okay, here are the steps:

1) A request for "emergency relief" is addressed to the "Circuit Justice" for your jurisdiction, in this case it is Justice Souter. Granting or denying that relief is a single Justice decision, but on major matters, he/she should consult with colleagues.

Justice Souter has already referred the whole matter to the whole Court, so that step no longer applies.

2) A request for Certiorari is addressed to the entire Court. If four Justices agree that the case will be taken and heard, it is taken. We are at that step, now.

3) Once the Court agrees to take a case, if injunctive relief is sought, that request goes to the entire Court. At this point, five Justices must agree to provide the relief.

4) Even if emergency relief is denied, the Court can decide the entire case on the merits, after the election. At that point it could state that the NJ SC was wrong, and that any other lower court which sought to rewrite the election law of any jurisdiction, would also be wrong. This decision, too, requires the approval of at least five Justices.

Do not assume that if the Court denies injunctive relief against the NJ SC decision that it will also deny the Forrester claim that they acted unconstitutionally. The standards for granting an injunction are higher than the standards required to prevail in the case generally.

Does that clear things up?

Congressman Billybob

Click for "Til Death Do Us Part."

Click for "to Restore Trust in America"

Click for "Death as a Political Strategy"

[justshe]

Crystal clear.

And THANK YOU for taking the time to explain to those of us attempting to understand the process!

This type of input from folks like you is what makes FR unique on the internet.

[ForOurFuture]

Do not assume that if the Court denies injunctive relief against the NJ SC decision that it will also deny the Forrester claim that they acted unconstitutionally. The standards for granting an injunction are higher than the standards required to prevail in the case generally. .

Why would the court rule against the NJSC after the election while in failing to grant an injunction before the election refuse to correct the unconsitutional action?

[KQQL]

Right now GOP needs 5 votes for injuction....

Otherwise , Forrester is in a tough race which leans RAt

[ladyinred]

Thanks Mr. Wolf, or Ms Wolf for the explanation about Federal vs National vs State! No wonder we are in such a mess!