Friday, October 17, 2008

Van Hollen, SCOTUS, and Ohio

Well, maybe it means something:

The U.S. Supreme Court may soon weigh in on an Ohio voter registration case that could answer whether Wisconsin Attorney General J.B. Van Hollen has the right to sue Wisconsin's elections board.

...The board has filed a motion to dismiss the case, arguing that Van Hollen does not have the ability to bring the lawsuit. That authority belongs only to the U.S. Department of Justice, the board claims

SCOTUS may or may not enter the case.

But another question is raised: why didn't Van Hollen sue in Federal Court, given that HAVA is a Federal law? Why screw around with the Wisconsin courts?

2 comments:

Anonymous said...

Is it plausible SCOTUS could give another election to the losing candidate?

mal said...

Numerous motions and argments in support have been fild.

You're right to raise the question "...why didn't Van Hollen sue in Federal Court, given that HAVA is a Federal law? Why screw around with the Wisconsin courts?"

This was raised among the motions.

For up-to-date info and links to motion briefs: See,
http://moritzlaw.osu.edu/electionlaw/litigation/vanhollenv.gab.php