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Appeals court sides with Ohio secretary of state
Boston Globe via The Spartan Truth ^ | Terry Kinney

Posted on 10/10/2008 10:47:42 PM PDT by Gator_that_eats_Dems

CINCINNATI—A federal appeals court sided with Ohio's top elections official Friday in her running battle with Republicans over how to verify the eligibility of newly registered voters.

The 6th U.S. Circuit Court of Appeals set aside a federal judge's order a day earlier that Democratic Secretary of State Jennifer Brunner institute the means to verify voter registration information and make it available to Ohio's 88 county election boards.

Brunner argued that it would take two to three days to create the necessary computer programs, and that nothing in the Help America Vote Act required her to do what the lower court ordered. A three-judge panel of the appeals court agreed in a split decision.

"With less than a month until the election, and less than two weeks until the beginning of counting absentee ballots, the secretary cannot be required to undertake the extensive reprogramming and other changes to the election mechanics without complete disruption of the electoral process in Ohio," the majority said in its opinion. "The irreparable harm to the voting public caused by the district court's order is equally clear."

On Thursday, U.S. District Court Judge George C. Smith in Columbus ordered Brunner to verify new registrations by matching information on them against a database maintained by the Ohio Bureau of Motor Vehicles or the Social Security Administration. He also ordered her to establish a process by which the county boards can access the information generated by the checks.

Brunner praised Friday's decision, saying there are sufficient systems in place to verify new-voter registration.

(Excerpt) Read more at boston.com ...


TOPICS: Breaking News; Crime/Corruption; Front Page News; Government; Politics/Elections; US: Ohio
KEYWORDS: 2008; acorn; corruption; democrats; election2008; elections; fraud; rats; voterfraud; voterregistration
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To: savedbygrace

She DOES hsve dead eyes.


51 posted on 10/11/2008 3:55:55 AM PDT by Ann Archy (AbortiDUH!!!on.....The Human Sacrifice to the god of Convenience.)
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To: P-Marlowe

The 6th Circuit is overwhelmingly appointed by Reagan and Bush I & II. The odds of this having been a Carter or Clinton appointee are about 25%.


52 posted on 10/11/2008 4:24:22 AM PDT by xzins (Retired Army Chaplain Pro Deo et Patria)
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To: xzins

The more this issue is brought up, the more this favors us - it will bring out more people in greater numbers to our cause. This shouldn’t stop us from voting.


53 posted on 10/11/2008 4:32:16 AM PDT by DocT111
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To: Gator_that_eats_Dems

bump


54 posted on 10/11/2008 4:43:44 AM PDT by EBH ( Welcome to the United Socialist States of America. Oct. 1, 2008)
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To: Gator_that_eats_Dems

I wonder how many Carter/Clinton appointees were involved with the ruling.


55 posted on 10/11/2008 4:55:46 AM PDT by KoRn (Barack Obama Must Be Stopped!!!)
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To: Red Steel; mrsmith
Before it goes to the to the USSC, the whole 6th court will want to look at it, where it will overrule the 3 court panel. The three judges (one dem borrowed from the 8th circuit, an LBJ appointee) BRIGHT Judge, U. S. Court of Appeals for the Eighth Circuit Nominated by Lyndon B. Johnson on April 25, 1968

Is it legal to have a judge from a completely different circuit vote at all, but especially be the deciding vote? Were there no other genuine 6th Circuit judges to be found?

Who engineered this travesty of the "borrowed judge"? How long until that person or group of persons is rotting in prison? Hopefully along with the "borrowed judge".

56 posted on 10/11/2008 5:17:03 AM PDT by Sal (Sarah Palin is a living, breathing rebuke to phony feminists everywhere in every party.)
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To: Gator_that_eats_Dems

The 6th is the most corrupt appeals court in the federal system. In the US v Rapanos case it deliberately ignored a directed SC order to the 6th and a previous ruling. This forced the USSC to take up the case and repair the damage done by these fascist traitors in black robes. They are much worse than the 9th.

Congress should have impeached these Marxists on the 6th. It had cause and proof that the 6th is an outlaw court.


57 posted on 10/11/2008 5:20:10 AM PDT by sergeantdave (We are entering the Age of the Idiot)
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To: smokingfrog
Secretary of State Jennifer Brunner (Democrat) is not doing her job.

Oh she's doing her job all right, just not the one from the state of Ohio.

She's definitely doing her job--the question is who is she working for on this "job".

58 posted on 10/11/2008 5:21:12 AM PDT by Sal (Sarah Palin is a living, breathing rebuke to phony feminists everywhere in every party.)
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To: Gator_that_eats_Dems

Great societies don’t die of natural causes. They commit suicide.


59 posted on 10/11/2008 5:23:55 AM PDT by ajwharton (FL GOP Pollwatcher, ACORN-buster)
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To: Rome2000

“They should bring it to the full court”

Typically that’s the next step, to request an ‘en banc’ decision by all members of the appellate court, then on to SCOTUS. In fact, I think they have to go through every level before SCOTUS will even consider a petition, so they’ll probably have the en bacn request in first thing Monday morning as an emergency petition, while preparing the SCOTUS briefs to file Monday night or Tuesday.


60 posted on 10/11/2008 5:32:44 AM PDT by EDINVA
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To: Gator_that_eats_Dems
Obama and his cronies in ACORN, the DNC, and the MSM are wholly corrupt and desperate to steal the election if they cannot win it by initmidation and bamboozling.

Obama has been directly tied and involved with ACORN, for a long time, and through his instrumentality we are seeing our free market and our voting process subverted and deconstructed before our very eyes.

The entire 6th Circuit needs to take this up post haste. Much more irreprerable harm will be done by allowing massive fraud against the voting process to continue without strict review to identify and throw out the fraudulent registrations.

Beyond that, there is hope, despite what the push polls are saying, and Obama and his campaign and the MSM all know it, and fear it.






I'M VOTING FOR SARAH

61 posted on 10/11/2008 5:33:19 AM PDT by Jeff Head (Freedom is not free...never has been, never will be. (www.dragonsfuryseries.com))
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To: IndianPrincessOK

This is beyond appalling. What a way to start my day.


62 posted on 10/11/2008 5:37:36 AM PDT by sarasota
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To: Gator_that_eats_Dems; ADemocratNoMore; Akron Al; arbee4bush; Badeye; Bikers4Bush; BlindedByTruth; ..

Ohio Ping!

To be added to the Ohio Ping List, please freepmail (works best)
both TonyRo76 and LasVegasDave.

63 posted on 10/11/2008 5:42:09 AM PDT by Las Vegas Dave ("McCain-Palin 2008"- Because the other option would be unthinkable.)
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To: Red Steel
Before it goes to the to the USSC, the whole 6th court will want to look at it, where it will overrule the 3 court panel.

That's the en banc thing? Is that automatic? And can/will they do it ASAP?

64 posted on 10/11/2008 5:44:17 AM PDT by mewzilla (In politics the middle way is none at all. John Adams)
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To: Sal
Who engineered this travesty of the "borrowed judge"?

You're joking, right? The rats have been setting this up for eight years! Just wait until the night of Nov.4. All the "disenfranchised" as well as the lawyers are in line awaiting their marching orders. The judges have already been picked. As I've been saying for years, November 2008 will be a bloodbath compared to the paper-cut of FL 2000.

65 posted on 10/11/2008 6:05:33 AM PDT by Roccus (POLITICIAN.....................A four letter word spelled with ten letters.)
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To: AdmSmith; Berosus; Convert from ECUSA; dervish; Ernest_at_the_Beach; Fred Nerks; george76; ...
The 6th U.S. Circuit Court of Appeals set aside a federal judge's order a day earlier that Democratic Secretary of State Jennifer Brunner institute the means to verify voter registration information and make it available to Ohio's 88 county election boards.

66 posted on 10/11/2008 6:08:58 AM PDT by SunkenCiv (https://secure.freerepublic.com/donate/_______Profile hasn't been updated since Friday, May 30, 2008)
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To: Gator_that_eats_Dems

NOT GOOD!

the acorn rep on FNC was a flagrant LIAR, he had no answers only shouting down the truth.

Once the ballots are separated from the envelope the fraud is complete.


67 posted on 10/11/2008 6:13:17 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: Gator_that_eats_Dems
Brit Hume mentioned I believe on Thursday, that the 4K ballots that were part of the same day registration/voting will be opened in 6 days.

Once that happens there is no way to link the registration card with the ballot.

The votes will count. That was 3 days ago.

Can this get to the SCOTUS in time???

68 posted on 10/11/2008 6:17:38 AM PDT by mware (F-R-E-E, that spells free. FReerepublic,com baby)
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To: dixiechick2000; xzins
That’s not happening yet! Stop it! Get over your dour self!

Voter fraud is an act of war. If the government that is elected is elected through fraud, then the government is illegitimate. The fraud is being facilitated by high ranking members of the Democrat party. They are attempting a coup.

And you want me to get over my dour self?

If you are not dour right now, then you are not an American.

After Barak Obama steals this election, Barak Obama is going to be appointing the next Attorney General, the next FCC chairman, the next FEC Chairman, the next 1000 Federal Judges, the next 3 Supreme Court Justices, The Chairman of the Joint Chiefs of Staff, the next Treasury secretary, the next Federal Reserve Chief.....

Obama's cronies are engaged in an active war against the people of the United States of America by deliberately stealing this election in order to institute a theftocracy and a suppressive socialist dictatorship.

The parallels to Germany in 1933 are just too close and too many. History repeats itself.

Yes the United States died yesterday. When faced with an election fraud on a scale unseen in any election in the history of this Republic, the people yawned and the courts facilitated it and the press cheered it on.

Let me repeat myself here:

VOTER FRAUD IS AN ACT OF WAR!

69 posted on 10/11/2008 6:50:44 AM PDT by P-Marlowe (LPFOKETT GAHCOEEP-w/o*)
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To: Gator_that_eats_Dems
"The irreparable harm to the voting public caused by the district court's order is equally clear."

How about the irreparable harm to this country caused by the election of a horse's ass like B. Hussein Obama?
Hmmm?

70 posted on 10/11/2008 7:07:22 AM PDT by Redbob (W.W.J.B.D. - "What Would Jack Bauer Do?")
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To: Gator_that_eats_Dems

“Too hard to get it right, so just bend over and take it.”


71 posted on 10/11/2008 7:10:12 AM PDT by Onerom99
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To: Gator_that_eats_Dems

The fix is in.


72 posted on 10/11/2008 7:20:45 AM PDT by Hoodat (Obama's only connection to the descendants of American Slaves is that his muslim ancestors sold them)
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To: Rome2000
They should bring it to the full court.

That is obviously the next step. Unfortunately, we are running out of time.

73 posted on 10/11/2008 7:21:56 AM PDT by Hoodat (Obama's only connection to the descendants of American Slaves is that his muslim ancestors sold them)
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To: Roccus
I know they've been setting up, I know they lie, cheat and steal. I expect nothing better from them and actually quite a bit worse. I expect outright physical thuggery before this is over.

My question is, if it's illegal to have a judge brought in from another district, can't the GOP cram that right back down their throats in court and reverse this reversal...

SOMEBODY--one person or a small group--went and got the non-6th Circuit judge. I want to know who and I want to see them prosecuted. I want to see them explaining and justifying the switch.

The same GOP that got the honest verdict requiring the dead eyed scumbag to verify the authenticity of ALL the ballots can follow up and make her do the job the STATE pays her to do. The rats are NOT omnipotent and it weakens US when we think they are. We won as we should have, we can win again as we should right now by contesting this atrocity.

I do agree with you that there is a big possibility of a bloodbath compared to the FL 2000 paper-cut. I expected one then, but I think they figured out they wouldn't win.

Why they would think they could win now I can't imagine. We still have our guns and that situation is even more protected now than it was eight years ago. BLOAT.

74 posted on 10/11/2008 7:31:34 AM PDT by Sal (Sarah Palin is a living, breathing rebuke to phony feminists everywhere in every party.)
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To: Gator_that_eats_Dems
Brunner praised Friday's decision, saying there are sufficient systems in place to verify new-voter registration.

There are systems in place, but she won't use them.

75 posted on 10/11/2008 7:34:56 AM PDT by Rudder (That One, Hussein Obama)
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To: smith288

Just think how many kids/homeless could have eaten many good meals from the money spent on these useless elections.


76 posted on 10/11/2008 7:56:23 AM PDT by TribalPrincess2U (http://www.dailymotion.com/video/k6KUDv1wzraWhwlBt1)
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To: KoRn

Strickland must be defeated next time he runs.


77 posted on 10/11/2008 7:57:13 AM PDT by Martins kid
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To: Gator_that_eats_Dems

The fix is in.


78 posted on 10/11/2008 8:23:42 AM PDT by Cheerio
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To: P-Marlowe
This is a coup.

See my post #72
79 posted on 10/11/2008 8:26:05 AM PDT by Cheerio
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To: P-Marlowe

It only dies if we let it — the people of Ohio have to get some backbone and start demonstrating at the SoS office and let the news media know that we are not going to keep taking this voter fraud in our elections. We have become a 3rd world country with voter fraud.

Why didn’t Pres Bush do something about this when he knew all about ACORN. Now under his Administration our military are still having trouble getting their absentee ballots. Instead of taking Korea off the evil list maybe he should do his job right here in this Country and demand immediate action from the DOJ and law enforcement. Throw ACORN leaders in jail — this Administration has known about fraudulent ACORN registrations and illegal voters since the 2000 election and he has pushed no reform for voting like every last voter has to show a picture ID at least in a federal election.

I am so livid about this and the lack of regular people getting up in arms when Obama forces are trying to steal this election. We are talking Black Liberation Movement and the Weather Underground people all teamed together that has been working years to accomplish this feat — Socialism for America. Who is standing in their way — all of us!

Time to take our Country back — every last Republican, Independent, Democrat who values our Nation needs to get out and vote to repudiate the people that have taken over our elections and the Democrat Party. Socialists are winning if we don’t take action.

Who would have thought 8 years ago that Pelosi would be Speaker of the House — no one! She is a socialist (another word for Communist) running the House. In 2006, voters stayed home because they were mad at Republicans but that cannot happen this year — it got us this Ohio SoS. I don’t care if you detest McCain with everything you have in your body, the alternative of Socialist Obama is much, much worse.

Voters need to suck it up and go vote McCain/Palin because if they don’t socialism will take over this Country. Already there are emails circulating in the black community if Obama doesn’t win when he is so far ahead in the polls, that the election will be stolen and alluding to the need for riots. Sound familiar — Kenya comes to mind.

Some of you on here that are doom and gloom about McCain/Palin need a reality check. They are the only ones standing between a takeover of America by the socialist and the Constitution. A lot of people love to talk about the Constitution but if Obama gets the Presidency, what is to make him follow the Constitution and with a friendly House and Senate, we are in trouble.

It will come if it does, because people couldn’t see the forest for the trees and say well we will take it back in 2010. Got news for all of you, with the election fraud happening right now, what do you think will happen with an Obama Presidency? Illegals will be voting.

As for polls, Obama people are in every polling organization this time. Even local Dems are saying take 7 points off his total and believe the polls are being done on purpose to depress votes. We have Clinton supporters out in the forefront giving all kinds of information on Obama to stop him — I have talked with some of these people and they are SCARED of Obama and what he would do. These people saw him steal the caucus vote with illegal votes. They know what we are up against and are working to defeat Obama. It is more then about Hillary in 2012. The people I have met from these group are afraid of what Obama would do to this Country.

My suggestion is that all of you that keep wringing your hands and whining get off the dime and do something about it. I don’t care if you don’t like McCain, vote for him anyway. Put Country First as McCain has done for many years. This is not about Republican or Democrat, this is about the Fairness Doctrine, fruadulent voting, lack of freedom of speech, control of the internet for starters from Obama.

WAKE UP and do something — put America First! Vote for McCain/Palin who give us the best chance to stop the spread of socialism that is permeanting this election.


80 posted on 10/11/2008 8:35:44 AM PDT by PhiKapMom ( BOOMER SOONER -- VOTE FOR McCAIN/PALIN2008! LetsGetThisRight.com)
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To: Gator_that_eats_Dems

81 posted on 10/11/2008 8:55:54 AM PDT by DTogo (I haven't left the GOP, the GOP left me.)
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To: Sal
You are looking for honesty and justice. The only place you'll find them is in the dictionary....certainly not in the American political or justice systems. I do not believe that the left is omnipotent. I DO believe however, that they are omnipresent. Even in the GOP there are scads of them. Just as in eight of the last ten Presidential elections, I will be casting an "against" vote. IMO, nothing will change unless and until a second amendment solution is initiated. (see tag)
82 posted on 10/11/2008 8:59:12 AM PDT by Roccus (POLITICIAN.....................A four letter word spelled with ten letters.)
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To: Rudder
Brunner praised Friday's decision, saying there are sufficient systems in place to verify new-voter registration.

Your post: There are systems in place, but she won't use them.

I've been looking for a spot on one of these fraud-vote threads to ask this logic-question, I hope it will be okay here. Am I correct in my assumption that it is uniform throughout the states, once you register to vote, you do not need to register again each and every election cycle? Each year?? I've lived in three states and was not obligated to re-register for each election. The reason I ask this, how is it that all these *new registrations* are to be credible, believable? Surely the voting-age population of each state, each county has not increased to such an extent since 2004, where again, we had this enormous amount of new registrations. Okay, so there may be some moving to a new locale, some kids are turning 18 this year, even the idea that some hadn't bothered until now. But it just strikes me as ridiculous, I am to believe it numbers in the hundreds of thousands.

In other words, is not the fraud as plain as the nose on our collective face? Did it really take having Dallas Cowboys Romo and Owens registering in Nevada to bring this to light? Worse yet, why are so many Americans just yawning at this outrage??

83 posted on 10/11/2008 9:13:05 AM PDT by MozarkDawg
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To: PhiKapMom

I’ll do my best, though I feel sucker-punched by McCain’s town hall in Minnesota yesterday. I was there, and I am angry about his stance. It’s all about Palin from here on out. Mac’s doing his best to lose the base.

I can’t shake the feeling that something nefarious is afoot. I expected to be fired up and I’m shaken this morning. Something doesn’t feel right about McCain’s campaign. Please tell me the ‘fix’ isn’t in. I’m skeptical of everything at this point. Perhaps I need to fashion a tinfoil hat.


84 posted on 10/11/2008 9:14:32 AM PDT by mplsconservative
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To: Gator_that_eats_Dems

No surprise here. I saw this coming.


85 posted on 10/11/2008 9:15:39 AM PDT by buccaneer81 (Bob Taft has soiled the family name for the next century.)
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To: DemforBush

I can haz voterfraud?

86 posted on 10/11/2008 9:27:13 AM PDT by NeoCaveman (Who is the real Barack Obama?)
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To: Danae
Hello Supreme Court!

She can run out the clock and she knows it. In five or so days, the ballots will be separated from the envelopes and there will be no way to recall the fraudulent votes.

87 posted on 10/11/2008 9:34:58 AM PDT by Mad_Tom_Rackham ("The land of the Free...Because of the Brave")
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To: Gator_that_eats_Dems
"With less than a month until the election, and less than two weeks until the beginning of counting absentee ballots, the secretary cannot be required to undertake the extensive reprogramming and other changes to the election mechanics without complete disruption of the electoral process in Ohio," the majority said in its opinion.

Did anyone tell them the process has already been disrupted, by the illegal registrations and votes?

88 posted on 10/11/2008 9:39:47 AM PDT by firebrand
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To: PhiKapMom
Why didn’t Pres Bush do something about this when he knew all about ACORN.

Uhhh primarily because he doeesn't give a sh!t about this country anymore. Signed every spending bill to bankrupt the country, let illegals run wild, did not force reform under any means down the Democraps throats, instead helet Democraps craft legislation. He declared war aganist the wrong enemy. We are being destroyed internally by the domestic enemies of the Left!

89 posted on 10/11/2008 9:39:55 AM PDT by Bommer (Who was Obama's diction coach? Bevis or Butthead? Uhhhhhh.....)
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To: Gator_that_eats_Dems
nothing in the Help America Vote Act required her to do what the lower court ordered.

This has gone way beyond the Help America Vote Act.

Attorney General Mukasey, your phone is ringing.

90 posted on 10/11/2008 9:42:15 AM PDT by firebrand
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To: Gator_that_eats_Dems

So if you get away with voter fraud long enough, the courts won’t stop you because it would harm the electoral process to do so? Wow.


91 posted on 10/11/2008 9:45:36 AM PDT by piytar
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To: Red_Devil 232

The Ohio Supreme Court overruled the Ohio Constitution.


92 posted on 10/11/2008 9:47:30 AM PDT by firebrand
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To: loveitor..

Bull$hit!


93 posted on 10/11/2008 9:47:56 AM PDT by gathersnomoss (General George Patton had it right.)
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To: MozarkDawg
why are so many Americans just yawning at this outrage??

If ignorance isn't bliss, then I don't know what is.

94 posted on 10/11/2008 9:50:49 AM PDT by Rudder (That One, Hussein Obama)
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To: Gator_that_eats_Dems
Of course, what reporters never do is actually post or cite the opinion of the Court, which can be read here

6th circuit Opinion in OHIO REPUBLICAN PARTY; LARRY WOLPERT v.SECRETARY OF STATE JENNIFER BRUNNER

Basically the majority of 2 punted suggesting that there was no case law indicating likelihood of success.

The dissent is worth reading because it actually discusses the law. I presume that a motion for en banc rehering will be filed on Monday.

95 posted on 10/11/2008 9:50:55 AM PDT by AndyJackson
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To: Bommer

Unfortunately I agree with you 100%!

With the research I have been doing going back to Nixon the same people have been around Government forever. When I saw that Condi Rice’s mentor was Madelyn Albright’s father I almost fell off my chair.

Bush’s Spectrum 7 which was worthless bought by Harken Oil with the largest shareholder Soros.

Appointing Paulson from Goldman Sachs who brings in Obama supporters as his key people.

I would say I agree with you because there is a lot more.


96 posted on 10/11/2008 10:01:47 AM PDT by PhiKapMom ( BOOMER SOONER -- VOTE FOR McCAIN/PALIN2008! LetsGetThisRight.com)
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To: Gator_that_eats_Dems
Well, now I can kick the bucket....I've heard everything.

Name is MinuteGal....and you can bet I'm keeping my powder dry.

Leni

97 posted on 10/11/2008 10:05:38 AM PDT by MinuteGal (Obama's Moose is Cooked!)
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To: DemforBush

Are you sure that’s not John Brunner?


98 posted on 10/11/2008 10:05:42 AM PDT by ConservativeMind (The LA Times, 10/6/08, was told to cut "75 editorial positions." How many are needed for 2 pages?)
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To: AndyJackson

Furthermore, the majority, in the opinion, admits that it does not have jurisdiction to intervene in a TRO, except in certain circumstances which would seem not to apply here.


99 posted on 10/11/2008 10:05:53 AM PDT by AndyJackson
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To: Gator_that_eats_Dems

This makes NO sense to me whatsoever.

First of all - my husband and I actually know Judge Bright(the 8th circuit judge). My hubby and I worked with him on legal stuff back in the early to mid 90s (his book). Back then, he was like in his late 70s and I was shooked to read that he was/is still a judge all these years later. He’s almost 90 now!!!! (born in 1919) I do know that he is very, very, very liberal and a HUGE Dem. He absolutely loved Clinton back then...

It makes no sense that they picked him up as the 3rd judge, even if the 6th judges are way-overworked. This had to be a fix. Like maybe the Dem 6th judge specifically asked for Bright? This is just more than fishy...

UGH - I just looked to see who has the 6th Circuit review assignment in the 6th...:

For the Sixth Circuit, John Paul Stevens, Associate Justice


100 posted on 10/11/2008 10:13:45 AM PDT by KeatsforFirstDog
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