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U.S. Constitution
See other U.S. Constitution Articles

Title: Supreme Court Upholds Ohio's Ballot Integrity Law
Source: RedState
URL Source: https://www.redstate.com/streiff/20 ... ds-ohios-ballot-integrity-law/
Published: Jun 11, 2018
Author: streiff
Post Date: 2018-06-11 11:00:35 by Tooconservative
Keywords: None
Views: 421
Comments: 9

In 2015, a guy named Larry Harmon showed up to vote on a local initiative. Harmon’s problem was the last time he cast a vote was in 2008 and he was sort of sloppy about even reading his mail. He wasn’t on the voter roll, and, as far as I can make out, was not allowed to vote. (A brief side trip here. I’m chief judge in a voting precinct. I have been for six years. In my state I would have issued Harmon a provisional ballot. He would have cast it. The Board of Elections would have examined his ballot the week after the election. They would determine that he was eligible to vote and added his ballot to the total and put him back on the voter rolls for next election. A 100% no-harm-no-foul situation. I don’t know how Ohio works this issue.)

Keeping with their M.O. of ensuring the voting process is as open to abuse as they can make it, a leftwing advocacy group, the A. Philip Randolph Institute filed suit saying booting Harmon from the voter rolls was against federal law. The federal law say you can purge voting rolls, like by sending post cards, but you can’t use failure to vote as a reason to purge voters. Ohio prevailed in federal district court but 6th Circuit reversed saying that because the failure to vote triggered the mailing of the post card that it was actually Harmon’s failure to vote that got him booted and therefore violated federal law.

The case was argued before the Supreme Court in January and just now the Supreme Court has ruled, 5-4, in favor of Ohio.

Via SCOTUSBlog Live Blog:
The majority holds that Ohio’s process follows subsection (d) of the National Voter Registration Act “to the letter: It is undisputed that Ohio does not remove a registrant on change-of-residence grounds unless the registrant is sent and fails to mail back a return card and then fails to vote for an additional four years.”

Alito says that the dissenting justices have a policy disagreement, but that’s a matter for Congress; it is not up to the justices to second-guess Congress or decide whether there is a better way to keep the voter roles up to date.

Here is the decision.


Poster Comment:

The Court has definitely taken a strict textualist turn since Gorsuch arrived.

Gorsuch so far seems more of a strict textualist than even Scalia. He's out-Scaliaing Scalia.

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#1. To: Tooconservative (#0)

Gorsuch so far seems more of a strict textualist than even Scalia. He's out-Scaliaing Scalia.

But NOT unfortunately on a recent key illegal immigration issue.

Liberator  posted on  2018-06-11   11:49:36 ET  Reply   Trace   Private Reply  


#2. To: Liberator (#1)

But NOT unfortunately on a recent key illegal immigration issue.

If you look closely, that vote was based on a strict construction of the law as it is written.

Gorsuch intends to enforce the laws. If people don't like that, then Congress needs to change the laws and stop dumping all this half-baked partisan-hackery legislation in the laps of the Court.

The Court should not exist to "fix" the incompetence of Congress or its inability to conduct its lawful duties. If Gorsuch is marking out an area of judicial philosophy, that would be a succinct statement of it. And it is quite consistent with his record from his appeals court in Colorado. No one can claim it's a big surprise that he continues his established judicial philosophy on the Court.

Tooconservative  posted on  2018-06-11   12:11:31 ET  Reply   Trace   Private Reply  


#3. To: Tooconservative (#2)

If you look closely, that vote was based on a strict construction of the law as it is written.

I did. And it appeared *to me* to be a matter of over-stretching the benefit of doubt.

Liberator  posted on  2018-06-11   12:22:36 ET  Reply   Trace   Private Reply  


#4. To: Liberator (#3)

I did. And it appeared *to me* to be a matter of over-stretching the benefit of doubt.

If given the chance, Gorsuch would probably spend some time to convince you that he judged the law as fairly and neutrally as he could, given the text of the law.

Kind of a stickler. It could come back to bite us but Scalia wasn't perfect either. He was wrong about Chevron deference for instance. And Gorsuch is absolutely opposed to that (alleged) principle of law that was...just made of up out of thin air by the courts.

Tooconservative  posted on  2018-06-11   12:42:32 ET  Reply   Trace   Private Reply  


#5. To: Tooconservative (#4)

Scalia wasn't perfect either.

I know...His rep was that he *was* perfect.

Roberts 0ZeroCare decision jaded me and made me hyper-cynical of supposed by-the-book "constitutional" justices.

Fair or not, until push comes to shove on coming major issues, I'll probably reserve judgment on Gorsuch. I still feel his illegal invader interpretation of law was wrong.

Liberator  posted on  2018-06-11   12:50:15 ET  Reply   Trace   Private Reply  


#6. To: Liberator (#5) (Edited)

Roberts 0ZeroCare decision jaded me and made me hyper-cynical of supposed by-the-book "constitutional" justices.

You may recall some of us always were suspicious of Roberts, "the perfect Bush judge". Two other Bush picks were Aunt Harriet (shot down by the Right) and Souter. Alito was the only good Bush judge but he isn't quite the jurist that Gorsuch is or Scalia was. Thomas is still greatly underestimated but he hits above his weight and has the merit of not having been a judge gunning for the Court his entire life. IOW, a little closer to being a regular American and more than a little suspicious of dictates delivered from On High by 9 hacks in robes. Every Court should have a skeptic.

Fair or not, until push comes to shove on coming major issues, I'll probably reserve judgment on Gorsuch. I still feel his illegal invader interpretation of law was wrong.

You may recall that he warned us specifically of this during his Senate confirmation hearings. He said he would defer to following the plain meaning of the text and that there were likely to be times he would disagree with his own ruling (politically) and that he expected he would issue some (more) decisions that were not "conservative" in some people's opinion. That case you mention is the main example of him operating that way on the Court. And he'll keep doing it so you should get used to it.

Or would you prefer to have Merrick Garland, like 0bama and Hitlery wanted?

Tooconservative  posted on  2018-06-11   13:33:56 ET  Reply   Trace   Private Reply  


#7. To: Tooconservative (#6)

You may recall some of us always were suspicious of Roberts, "the perfect Bush judge". Two other Bush picks were Aunt Harriet (shot down by the Right) and Souter. Alito was the only good Bush judge but he isn't quite the jurist that Gorsuch is or Scalia was. Thomas is still greatly underestimated but he hits above his weight and has the merit of not having been a judge gunning for the Court his entire life. IOW, a little closer to being a regular American and more than a little suspicious of dictates delivered from On High by 9 hacks in robes. Every Court should have a skeptic.

Pretty much a spot on assessment.

Moreover, making Roberts, the rookie, Chief Justice was always conspicuously suspicious. What was that all about? Was *that* a signal that Roberts would be centrist/Trojan Horse on certain matters? (already proven)

Souter was obviously a Trojan Horse, another Bush/NWO betrayal who would side with the Left in order to maintain the ideological "balance" to assure Roe v Wade.

Thomas may be underestimated but not under-appreciated. You're right -- he's a magnificent cynic of the others and entire SCOTUS theater.

I would quibble only on the Alito assessment.

Scalia...I still find his death suspicious as well as the lack of curiosity and MSM inquisition AND rapid sweeping of the entire circumstance under the rug. Oh...and No autopsy.

Or would you prefer to have Merrick Garland, like 0bama and Hitlery wanted?

I don't think What-Ifs allay my uneasiness of Gorsuch. I hope you're right.

Liberator  posted on  2018-06-11   16:04:52 ET  Reply   Trace   Private Reply  


#8. To: Liberator (#7)

Moreover, making Roberts, the rookie, Chief Justice was always conspicuously suspicious. What was that all about?

Bush, like any prez, wanted to make his mark with a Chief Justice. Most don't get the chance since it takes forever to get one to quit their job as Chief Dictator of the Robed Gang of Nine. They love the power.

Tooconservative  posted on  2018-06-11   16:40:01 ET  Reply   Trace   Private Reply  


#9. To: Liberator, Tooconservative (#1)

But NOT unfortunately on a recent key illegal immigration issue.

Unsure but I believe you are referring to Sessions v. Dimaya 15-1498 USSC (17 Apr 2018). If so, that is a case of deporting a lawful permanent resident, not an illegal alien. Kagan wrote the Opinion of the Court, which Gorsuch, Ginsburg, Breyer and Sotomayor joined.

https://www.supremecourt.gov/opinions/17pdf/15-1498_1b8e.pdf

nolu chan  posted on  2018-06-11   17:01:41 ET  Reply   Trace   Private Reply  


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