>> Friday, October 17, 2008
There has been a lot of crowing over the supreme courts decision to reject the GOP's lawsuit against 600,000 newly registered voters in ohio. I have not had time to analyze the consequences in policy and law resulting from it. i do not yet have my law degree and i am not familiar with the gonzaga and Sandoval precedent referenced in the decision. i do have to say that based my reading the decision was based on a narrow tailoring of standing, a procedural issue. While the result in this case was something good i am suspect about the implications for the law. Limiting who may sue on a particular issue is a way to prevent people from enforcing their rights except in very limited instances. Think of it as a rule saying you are allowed to shoot back only after having been shot.
In any event it was certainly not in the interests of justice to force the sec of state to check over half a million names in under a week. Slight immediate victory for the good guys on this one.