http://www.ballot-access.org/2007/10/14/newspaper-in-new-york-suggest-lopez-torres-may-yet-win-her-us-supreme-court-case/ Sun, 12 Feb 2012 14:15:51 +0000 hourly 1 http://wordpress.org/?v=3442 http://www.ballot-access.org/2007/10/14/newspaper-in-new-york-suggest-lopez-torres-may-yet-win-her-us-supreme-court-case/comment-page-1/#comment-143699 Anon Wed, 24 Oct 2007 14:24:25 +0000 http://www.ballot-access.org/2007/10/14/newspaper-in-new-york-suggest-lopez-torres-may-yet-win-her-us-supreme-court-case/#comment-143699 The article’s drafter clearly did not attend oral argument. I would not be shocked if the vote for reversal of the remedy included every single justice on the high court. As things stand, the Brennan Center clearly lost 8 of the 9 judges (assuming Thomas votes with the other conservative justices). The reasoning is simple. While a worthy policy choice, the Brennan Center wants different roles (as stated by the petitioners) for the voters then provided by New York. Further, most, if not all, of the problems identified by the Brennan Center do not relate to the law, but to the constitutionally-protected associational rights of the other participants in the process, such a party leaders supporting candidates. Perhaps the Brennan Center and its supporters have points, but that is – as Justice Stevens noted – policy arguments not constitutional ones and that is a big difference. The article’s drafter clearly did not attend oral argument. I would not be shocked if the vote for reversal of the remedy included every single justice on the high court. As things stand, the Brennan Center clearly lost 8 of the 9 judges (assuming Thomas votes with the other conservative justices). The reasoning is simple. While a worthy policy choice, the Brennan Center wants different roles (as stated by the petitioners) for the voters then provided by New York. Further, most, if not all, of the problems identified by the Brennan Center do not relate to the law, but to the constitutionally-protected associational rights of the other participants in the process, such a party leaders supporting candidates. Perhaps the Brennan Center and its supporters have points, but that is – as Justice Stevens noted – policy arguments not constitutional ones and that is a big difference.

]]> http://www.ballot-access.org/2007/10/14/newspaper-in-new-york-suggest-lopez-torres-may-yet-win-her-us-supreme-court-case/comment-page-1/#comment-139759 Bob Thu, 18 Oct 2007 22:33:42 +0000 http://www.ballot-access.org/2007/10/14/newspaper-in-new-york-suggest-lopez-torres-may-yet-win-her-us-supreme-court-case/#comment-139759 Tenuate, http://buytenuate.blogspot.com Tenuate, http://buytenuate.blogspot.com

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