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To: johnfkerrysucks

not enough time... no way it will happen.


4 posted on 11/01/2004 6:14:49 PM PST by dubie
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To: dubie

Nothing to worry about even if they do appeal.

There are currently 8 Supremes in condition to hear a case (Chief Justice Rehnquist is hors combat for the moment). 3 are conservatives, 2 are moderate Republicans, one is liberal Republican and two are liberal Democrats by party.
But this issue doesn't really break down on party lines. Pollwatchers are not a liberal/conservative issue per se, and absent a showing that pollwatching has had an invidious discriminatory effect, it is highly unlikely that the Supremes would postulate one. There would probably be a 9-0 or 8-1 decision upholding the 6th Circuit's ruling.

If, however, the court degenerated into shadow partisanship, the two conservative justices would vote to uphold. O'Connor was herself an elected Republican pol before becoming a judge. It is difficult to imagine her voting against pollwatchers to prevent the very sort of electoral fraud she had to directly contend with as a candidate. There is no reason to think the Justice Kennedy would come down against pollwatchers, but even if he did, the court would break 4:4. And in the event of a tie, the lower court's decision would be upheld.

It won't go to the Supremes, but even if it does, the Supremes will merely uphold the 6th Circuit's ruling...if they bother to hear the case (which they probably wouldn't- and that too would produce the same effect).

This is a purely partisan political case. The higher courts are not going to be interested in playing that game.


6 posted on 11/01/2004 6:29:49 PM PST by Vicomte13 (Auta i Lome!)
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