Sunday, June 01, 2014
http://moritzlaw.osu.edu/electionlaw/litigation/documents/Opinion5-1-14.pdf
A case i worked on slightly has been decided adversely to the Ohio LP a month ago- I just got around to checking on it.
I don't know yet if there will be an appeal to the Supreme Court, or perhaps a motion for en banc review - I guess that would have had to filed already. Chances of a cert grant are slim, but the 6th is currently the most reversed circuit.
There's a line in the opinion that P's had abandoned and waived their as-applied challenge. If true, that would hurt their case; the as applied challenge was much stronger than the facial one.
This case reminds me a bit of Toner v Illinois.Secretary of State Ryan kept Toner off the ballot, illegally in my opinion, but got away with it and became governor Ryan, before becoming inmate Ryan.
Here I'm not alleging any wrong doing by anyone involved, just a bad decision to put a trivial technicality about how the forms are filled out, over a fair and open election.
A case i worked on slightly has been decided adversely to the Ohio LP a month ago- I just got around to checking on it.
I don't know yet if there will be an appeal to the Supreme Court, or perhaps a motion for en banc review - I guess that would have had to filed already. Chances of a cert grant are slim, but the 6th is currently the most reversed circuit.
There's a line in the opinion that P's had abandoned and waived their as-applied challenge. If true, that would hurt their case; the as applied challenge was much stronger than the facial one.
This case reminds me a bit of Toner v Illinois.Secretary of State Ryan kept Toner off the ballot, illegally in my opinion, but got away with it and became governor Ryan, before becoming inmate Ryan.
Here I'm not alleging any wrong doing by anyone involved, just a bad decision to put a trivial technicality about how the forms are filled out, over a fair and open election.
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