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Reply #194: Not having researched the question, [View All]

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OldLeftieLawyer Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-25-04 08:09 PM
Response to Reply #193
194. Not having researched the question,
I'll just give you my best guesses on these mighty fine questions.

If the electoral college cannot vote on December 13 because, let's say, the Ohio election is found to have potentially fatal errors, it would all fall within Federal jurisdiction, so my best guess is that the legal representatives of Shrub would head there immediately.

Courts adjudicate; Congress legislates. An important distinction to keep in mind about our tripartite form of government. (This, of course, was all thrown to hell when the Supreme Court legislated Shrub into office in 2000.)

Yes, the electoral issue would end up in the Supreme Court, and my theory is that it would end up there very quickly. All these matters would be expedited, as you might guess.

If fraud is found in, say, the Ohio ballots, I really don't know who'd take jurisdiction of that matter. I can easily see it being treated as a state matter. That would be really interesting.

Nullification is possible, I suppose, but I don't know. As I said, I've not done any research on this matter, and I don't think anyone has ever been confronted with a situation like this before. My experience is that courts will bend themselves into pretzels before allowing an election to be nullified. That's an awfully drastic remedy, the last one anyone wants.

I have a feeling this is what we lawyers like to call a "case of first impression," which means it's never happened before. That's why I've been saying I think we're about to see history being made.

Forgive me for not having more substantial and informed answers for you, but I think this is brand new territory for everyone. Keep in mind that the law is never as important as the procedure - that means the filing deadlines, the dates, the rules involved in carrying something through the courts. The law gets you in the courthouse, but, once inside, the Federal Rules of Civil Procedure are of paramount importance.

Just hang on......
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