Monday, October 07, 2002

"No, I Can't Grant Cert-You're Breath's Not Bad Enough"The Supreme Court turned down Forrester's appeal. OK, legal eagles, what is the possibility of having a federal district or appeals court work on this one? After the Supreme Court's turned it down, what is the GOP's next move. Could this thing wind up in the Senate as the arbiter of its own elections? Let's say that Lautenberg wins 52-48 and the Senate winds up in Republican hands after a Jim Talent election. Now that Article 1 Section 4 was turned down, let's try Article 1, Section 5 of the US Constitution
Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.
Would the outgoing Senate approve the results or the incoming one? If the Senate finds New Jersey in violation of Article 1, Section 4, would they have the power to seat Forrester, since the Lautenberg line was illegally added? Or could they hold the seat vacant until a new election was held? I haven't a clue of any good precedents; lots of questions, and I'm looking for the answers.

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