John Paul Stevens holds Ohio in his hands. (article inside)

http://moritzlaw.osu.edu/electionlaw/analysis/041102a.html

Sixth Circuit Opinions in Polling Place Challenges Cases: A Preliminary Analysis

In a 2-1 decision, applying to both the Summit County and Spencer cases, the Sixth Court federal court of appeals has stayed the orders issued by both Judge Adams and Judge Dlott. Unless this stay is vacated by the U.S. Supreme Court, the effect of this stay is to permit challenges at polling places by challengers designated by the political parties. In addition, on Monday, the Ohio Supreme Court ruled that political parties are permitted one challenger per precinct, even if there is more than one precinct at the same polling place.

Remaining unclear, however, is the effect of Monday's ruling from the federal court in Newark, NJ, that bars "he Republican National Committee, its officers agents and employees . . . from using for challenging purposes on November 2, 2004 a list originally of 35,000 names prepared for that purpose by the Republican Party in the State of Ohio." According to press reports, the RNC sought a stay of that order from the Third Circuit federal court of appeals, but as of yet we are unaware of any action by the Third Circuit. Whether the Newark-based federal judge's ruling bars the Ohio Republican Party, or local party organizations, from exercising challenges based on the same list is debatable.

In addition, it is our understanding that the plaintiffs in Spencer have asked the U.S. Supreme Court to vacate the Sixth Circuit's stay, and the Supreme Court - or at least Justice Stevens as the Circuit Justice for the Sixth Circuit - is expected to rule on that request in the early hours of Tuesday morning.

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Very interesting. I like our chances in this case. If Stevens vacates the stay, the challenges STOP. The next step - a full hearing before the US Supreme Court - wouldn't take place quickly enough to reverse a vacation order from Stevens. At least, that's my interpretation..

Any legal eagles around here? I do like Stevens having the power in this one.. he's a fair, GOP-appointed judge..

lower court's ruling pending a decision on cert.


Please. (I think this is legally possible)

He was one of Gore's fiercest advocates during the 2000 debacle.. and he HATES to see voters disenfranchised via technicality. I'm just sitting here waiting for the word to come down..

He also has a strong independent streak and has posistions that are more in touch with Democratic leaning legal theory.

http://www.oyez.org/oyez/resource/legal_entity/101/

In Bush vs. Gore, he wrote a concurring dissent with Justice Ginsburg.

John Paul Stevens

Biography

John Paul Stevens, appointed to the Supreme Court in 1975, served as lowly freshman on the bench longer than any other justice did in this century. As the newest member of the Court, Stevens had the duty of keeping minutes and answering the door in the justices' closed conference. Stevens had to wait six years, until the appointment of Sandra Day O'Connor, before he relinquished his freshman spot. Today, after seven new freshmen, Stevens is the most senior justice, second only to Chief Justice William H. Rehnquist. Stevens now speaks first in conference after Rehnquist and Stevens can assign opinions in the event that he is in the majority and Rehnquist is in minority. Still, Stevens' influence remains uncertain. Many observers point to his quirky and unconventional jurisprudence as a constraint on his ability to lead the Court. They argue that Stevens' individualistic personality keeps him permanently outside the mainstream of the Court and that he lacks the characteristics of a coalition-builder. Still, it would be difficult to discount Stevens completely in light of recent and moderate appointments.

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As a justice, Stevens has avoided simple conservative or liberal labels. As the Court moved toward the right during the Reagan and Bush presidencies, however, Stevens appeared more and more liberal relative to the make up of the Court. Although Stevens is the least predictable justice sitting today, his approach to judicial decision-making can be summarized in a general sense. Stevens will typically examine the facts of each case carefully and on their own merits. He also seeks to defer to the judgments of others who he feels are better suited to decide. He has demonstrated considerable judicial restraint and deference to the Congress.

Stevens divorced his first wife in 1979 and married Maryann Simon a year later. He remains something of a wildcard in the political balance of the Court.

http://www.oyez.org/oyez/resource/legal_entity/101/biography

there has been some discussion about the interference of the GOP into state's rights.

Interesting that the GOP screams -- state's rights -- until they don't like a state judge's decision. Then the SOBs call out their lawyers -- and whine about an appeal -- to the FED level.

This is a GOP flip flop -- States Rights -- Bush v. Gore -- and now this crap.

Rehnquist Undergoing Chemotherapy

WASHINGTON (AP) -- The Supreme Court meets this week with just eight members, as its notoriously tenacious leader undergoes chemotherapy and radiation treatment for an apparently serious type of thyroid cancer.

Chief Justice William H. Rehnquist backtracked from an earlier plan to return to work Monday. Instead, he issued a statement from home about the treatment.

The election eve disclosure by the 80-year-old justice underscores the near certainty that the next president will make at least one appointment to the Supreme Court and probably more.

Rehnquist did not say what type of thyroid cancer he has, how far it has progressed nor the prognosis.

more...

Rehnquist Undergoing Chemotherapy

If the 8 SCOTUS justices issue a ruling this morning and it is a tie, then I am assuming that the ruling of the 6th circuit allowing poll challengers in Ohio would continue.

voter challenge laws have been around for a very long time, and were not discussed in Bush v. Gore

FYI: Rehnquist is dying, making this election even more important

so bring your ID!