If the MS Supreme Court overturns the decision ..

can it be appealed to the U.S. Supreme Court since this is a federal election?

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by: DCal @ Fri Sep 12, 2008 at 15:16:38 PM CDT

And would that mean a delayed election?

How long does it take to print new ballots?

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by: omarka @ Fri Sep 12, 2008 at 15:19:25 PM CDT

[ Parent ]

if and when barbour's state supreme court overturns this

Someone needs to take this case to federal court, and pray it lands on the docket of a Democratic appointee.  Then again, the Fifth Circuit is dominated by Bush appointees.  What a judicial banana republic.  

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by: Andy Dufresne @ Fri Sep 12, 2008 at 15:33:32 PM CDT

Even a Bush appointee should be better.

I mean, these people have national reputations.  Edith Clement was considered for SCOTUS.  As we've seen in other cases, there is a considerable group of Bush appointees who are nonetheless unwilling to humiliate themselves for the good of the Party.  Insisting that the race be slotted where the law says it should be would be just the kind of "standing up for principle" that would earn them unearned praise from their peers.  

OTOH, I don't know the law, and I don't actually know anything about any law, including how or whether this would be moved into federal court.  And if Barbour is trying this at all, he's probably gamed it out into the future and predicted that wherever this case is likely to land, he wins.  He'd be a fool to pull this move and lose at it.

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by: texas dem @ Fri Sep 12, 2008 at 15:44:05 PM CDT

[ Parent ]

what the ballot would look like

The Tupelo Journal has posted a picture of Barbour's ballot, and it is worth a look.  Scroll to the bottom as the message discusses the order.  

http://djournal9to5.files.word...

President (including all the third parties)

Senate-A

House

County election commissioner

School board and school board trustee

Supreme Court (by district)

Appeals Court (by district)

Special Senate-B

Special circuit court election (if the district has one)

So, the race is below at least seven other races.  There may be others depending on the town/county, I am not positive.  

The thinking is that Barbour is terrified of the prospect of huge black turnout and turnout among first time voters, and he will do anything, no matter how shameless to dilute the vote.  

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by: Andy Dufresne @ Fri Sep 12, 2008 at 15:55:54 PM CDT

Ballot Placement

Speaking as a lawyer the general principle is that there has to be a federal issue to gain entry into the federal court.  Article 1 of the U.S. Constitution gives the states the authority to determine the time, manner and place of selecing their federal representatives.  The only way to really get into the federal courts is to claim that the ballot impugns the fairness of the election.  It really becomes a voting rights act problem and we all know how Bush's appointees like the Voting Rights act.

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by: TheDuke @ Fri Sep 12, 2008 at 15:59:03 PM CDT

I could also see a potential equal protection claim

Since the first senate race is at the top but the second isn't....Weak claim but potential.

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by: skywaker9 @ Fri Sep 12, 2008 at 16:12:45 PM CDT

[ Parent ]

Federal Court

It's unclear from the linked article, but it looks like the present suit is based on state law regarding ballot order of the races. If that's the only claim, then it's not a matter of federal law and could not be appealed to the Supreme Court.

An asserted violation of the Voting Rights Act could get into federal court, but someone would have to bring another suit and time is running out. And the prospect of winning under the VRA may not be good anyway; I'm no expert in that area of the law, but I'd guess there are plenty of Democrats who would have brought the case if it had a good shot.

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by: dsimon @ Fri Sep 12, 2008 at 17:07:47 PM CDT

[ Parent ]

Not Having A Good Day, So I Ain't Holding Back

This is an excellent shot for democracy in Mississippi, forget about being excellent for Democrats first off. What this scoundrel Governor tried to do was reprehensible.

His strategy was basically to put that important race so far down the ballot, that after people get tired of voting for all the local races they'll get frustrated and just stop at some point and go home.

Well, Governor Scumbag and the GOP down there can appeal all they want, but the fact is what they did was wrong and they should apologize not only to the Democrats, but to the people of Mississippi for trying to sham democracy like this.

Honestly, Haley, GO F YOURSELF

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by: Don't Tase Me, Bro! @ Fri Sep 12, 2008 at 17:32:05 PM CDT