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If the Ohio Secretary of State gets his way and the U.S. Supreme Court agrees with him, the 2012 election could be decided again by the U.S. Supreme Court. Just like in 2000 with Gore winning the popular vote but losing the electoral vote due to interference of the U.S. Supreme Court.

Jon Husted, Ohio GOP Secretary Of State, Appealing Early Voting Decision To Supreme Court

COLUMBUS, Ohio — Ohio's election chief on Tuesday appealed a ruling that reinstates the final three early voting days in the battleground state, calling a decision last week by a federal appeals court "an unprecedented intrusion" into how states run elections.

Secretary of State Jon Husted asked the U.S. Supreme Court to decide whether the state Legislature or federal courts should set Ohio election laws.

Husted, a Republican, also asked the court to delay the lower court's decision while the Supreme Court decides whether to take the case.

Husted said Friday's decision by the 6th U.S. Circuit Court of Appeals would affect how elections are run in all 50 states. The appeals court in Cincinnati affirmed a lower court ruling and returned discretion to set hours on the final three days to local boards of elections.

I don't need to rehash all the horrible details of the Bush v. Gore 2000 Supreme Court decision because I'm sure everyone on this board remembers those events vividly.

I can't believe this story about Ohio and the U.S. Supreme Court. At least the Obama campaign is fighting back but this is a truly sad state of affairs.

Obama campaign asks court to allow early voting in Ohio

COLUMBUS, Ohio (AP) — With three weeks to go until Election Day, Democrats and Republicans are wrangling over early voting in the presidential battleground state of Ohio, with President Barack Obama’s campaign urging the U.S. Supreme Court not to hear the Ohio secretary of state’s appeal of a lower court ruling on the issue.

The campaign said in a court filing Friday that the high court should deny Ohio Secretary of State John Husted’s appeal of a lower court ruling that reinstated early voting on the three days before Election Day and returned discretion to local elections boards.

4:07 PM PT: One of my favorite legal web sites SCUTUSBlog weighs in on the matter:

Final weekend voting urged
President Obama’s reelection campaign staff and Ohio Democrats urged the Supreme Court on Friday evening not to allow Republican leaders in that crucial electoral state to shut down early voting on the final weekend before election day on November 6
Answering on Friday, lawyers for the President’s campaign and for national and state Democrats said the state was trying to draw the Supreme Court into a dispute that focuses only on facts, and they noted that the facts were determined the Democrats’ way by two lower courts.  Directly challenging what state officials are attempting to do, the Democrats’ document said: “The Ohio system that the courts below enjoined is as arbitrary as it is unique: nowhere else in the country will an eligible voter be turned away from a single, open polling place because the polling place is open for some voters, but not for that particular voter.”

Fri Oct 19, 2012 at 9:28 PM PT: On October 17, 2012 of this week, the U.S. rejected Ohio's appeal and refused to intervene.

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Comment Preferences

  •  Tip Jar (4+ / 0-)

    "We must be the change we wish to see in the world" - Gandhi
    "The test of our progress is not whether we add more to the abundance of those who have much; it is whether we provide enough for those who have too little" – FDR

    by smokey545 on Sat Oct 13, 2012 at 02:05:46 PM PDT

  •  Think Scalia will void all ballots cast pre-11/7? (0+ / 0-)

    Will he do it county by county? Or maybe go ahead and count the votes and throw out only the D ones?

    I'm waiting for Scalia and Cheney to take Romney out duck-hunting with them, so we can see who will shoot whom in the face first. Sure hope they video it!

    Am I right, or am I right? - The Singing Detective

    by Clem Yeobright on Sat Oct 13, 2012 at 03:44:25 PM PDT

  •  hard to believe they want to get involved (1+ / 0-)
    Recommended by:

    After appointing Bush in 2000 do they really want to get in the middle of this and be seen as trying to elect Romney? I think Roberts would rather stay out of this.

    •  Eh, the swing voters never seem to consider (0+ / 0-)

      the supreme court, and I doubt they ever will. It's not really juicy enough for the political passer by.

    •  Another way the Supreme Court might decide (0+ / 0-)

          Back in 2000, before the election there was an expectation that Gore might win the Electoral College, and Bush might win the popular vote.  The opposite outcome occurred.  

           If the polling remains close, it's possible that this year Romney will win the popular vote by stacking up votes in the red states, but will lose the swing states and the Electoral College.

           In 2000, anticipating the possibility of a Bush popular vote victory and a Gore Electoral College victory, the Bush campaign was preparing for that contingency.  They were prepared to take the issue to the Supreme Court and argue that Bush should be declared the democratically elected winner because he won the popular vote.  I have no idea what their Constitutional rationale would have been, but they obviously thought that with a right-wing packed Supreme Court, they had a shot.  I suppose one argument could have been that the difference between the popular vote and the Electoral College result was caused by the different voting rules in each state, and that having different voting rules in each state was a violation of the Equal Protection clause.  (This actually would have been somewhat consistent with the Court's rationale for the Bush v. Gore decision)

           It would not surprise me at all if the Romney campaign has a similar contingency plan in place.  

  •  sadly (0+ / 0-)

    the SC is already affecting the race; at least it seems so.  i think that the recent race-based affirmative action case argued last week is depressing obama's numbers and if the decision comes before the election (which it probably will), it could hurt him even more.  sigh...

    •  I'm from Texas and I don't think it will affect (0+ / 0-)

      Obama's vote IMHO.

      "We must be the change we wish to see in the world" - Gandhi
      "The test of our progress is not whether we add more to the abundance of those who have much; it is whether we provide enough for those who have too little" – FDR

      by smokey545 on Sat Oct 13, 2012 at 05:53:50 PM PDT

      [ Parent ]

  •  Dropped my absentee ballot in the mail for FL! NT (1+ / 0-)
    Recommended by:

    "We need a revolution away from the plutocracy that runs Government."

    by hangingchad on Sat Oct 13, 2012 at 05:40:56 PM PDT

  •  Really Hope Ohio Dem GOTV is assuming worst (0+ / 0-)

         That is, I hope no one is assuming that those 3 early voting days before the election will be there, and that EVERY voter is being encouraged to vote BEFORE that final weekend.

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