Scalia's Nightmare

[kpete]

Scalia's Nightmare
by billmon

Wed Apr 08, 2009 at 03:34:04 PM PDT

Maybe I'm wrong, maybe it was the electroshock therapy. But I've suspected for some time that conservatives would eventually have serious reservations about where Norm and his mouthpieces are trying to take them. Maybe it's finally dawning on some of them that making a federal case out this election contest risks a long-term disaster for the GOP -- one that would completely outweigh the short-term benefits of depriving the Democrats of their 59th vote.

After all, what Norm is threatening to do -- if he can't get his way in state court -- is to demand that the US Supremes go storming through the equal protection door they opened just a crack, and then promptly tried to close again, in Bush v. Gore.

But if we're really going to start vigorously applying the 14th Amendment to how votes are cast and counted in this country, then a whole bunch of GOP-friendly election realities are going to be open to constitutional challenge. How, for example, is it "equal" for poor and urban precincts to have 1/5th the number of voting machines per capita as wealthy surburban ones? Is it "equal" for election officials to routinely deny elderly, undereducated or inexperienced voters the assistance they need to understand complex, confusing and/or poorly constructed ballots? Is it "equal" for prosecutors to aggressively pursue registration fraud cases against ACORN, while generally ignoring those against GOP-leaning groups?

Can you say "disparate impact"? How about "protected class"?

You really can go on and on with this -- which is precisely why Scalia and company tried so very hard to make their power grab a "good for one use only" ticket. But now Norm is putting their handwork at risk. And who knows? By the time his case reaches the US Supremes, maybe there will be a few new faces on the bench, liberal faces, faces that wouldn't mind at all taking Scalia's legal legerdemain and shoving it right back up his runty ass.

more fun at:
http://www.dailykos.com/storyonly/2009/4/8/717967/-Scalias-Nightmare

[Warpy]

1. Enthusiastic K&R

especially with that last paragraph you quoted. The rest of the article is fine, too.

Lots of good mental eye candy.

[GardeningGal]

2. I would LOVE to see Coleman's continued antics bite the GOP

in their collective ass. It would be so satisfying.

[pacalo]

3. I think it would be interesting

to see how the GOP's good ol' boys SC handled this case, given that one-use-only power grab in 2000.

I'd like to see if that "one use only" stipulation was for use against Democratic candidates only.

[Canuckistanian]

4. The USSC won't touch this with an 11-foot pole

Because they KNOW that Franken's lawyers will invoke Bush v. Gore.

[Pacifist Patriot]

6. I too think they would decline to hear the case.

[progressoid]

7. Yep - although I bet a couple SC justices wouldn't mind rubbing in his face.

[Gregorian]

5. Great diary. Thanks.

Some scary stuff. I hadn't ever entertained the most basic election procedures that are mentioned there. Jeez, I am so slow. It's still frightening to think of how we were steamrolled in 2000.

On the other hand, this could turn out to be interesting.

[riqster]

8. I am laying in a big supply of popcorn

The entertainment value should be quite high.

[byronius]

9. Great post.

[McCamy Taylor]

10. Exactly. However, when you are fascist puppets, you do not think long term. You obey orders.

If Roberts and Scalia are told to intervene, they will intervene. So, it depends upon whether or not their corporate masters are capable of long term thinking. If all they want to do is stall health care reform to help out a bunch of Medical Industrial Complex businesses and the insurance companies, they will order the Supremes to intervene.

[MissMarple]

11. I'm still having trouble wrapping my head around the idea that the SC even has jurisdiction.

And Coleman surely isn't doing this all on his lonesome. This looks like a GOP stunt. Isn't Coleman just the front man?

Scalia is a narcissist, he thinks he can do no wrong. Just ask him, oh wait, a PBS interviewer already did. I wish I had a link to that. I think it was Jim Lehrer.

[tbyg52]

12. That "one use only" was a dead giveaway that it was a scam. Hope it bites them big time. nt

[Dinger]

13. kpete,Did Anybody Ever Tell You You're DA MAN! K & R!!

:patriot: :patriot:

[kpete]

17. I am actually

DA WOMAN!!!

but thanks for the nice shout out, peace, kp

[Best_man23]

14. He needs a ruling from Fat Tony

[floridablue]

15. I thought Scalia's nightmare would be

hungry black people with guns.

[livefreest]

16. may scalia, coleman and the gop live the worst nightmares.

he! he! that felt good