U.S. judge dismisses lawsuit seeking '04 election recount in Ohio

[Algorem]

http://www.toledoblade.com/apps/pbcs.dll/article?AID=/20060208/NEWS02/602080464/-1/NEWS

Article published Wednesday, February 8, 2006

ELECTION 2004
U.S. judge dismisses case over recount
Prohibition against suing states cited

BLADE COLUMBUS BUREAU

COLUMBUS - More than a year after Ohio officially handed its 20 electoral votes and the national election to President Bush, a federal judge yesterday dismissed a lawsuit from candidates still waiting for their recount.

While U.S. District Court Judge James G. Carr in Toledo said Secretary of State Kenneth Blackwell's actions "arguably" conflicted with federal law, the judge dismissed the suit on the grounds that the U.S. Constitution, with rare exception, prohibits suits against states in federal court.

The judge found that, since Mr. Blackwell's directive limiting the recount timeline affected just one election more than a year old, the suit didn't meet one of the exceptions to the immunity rule.

A federally authorized state law requires that any recount for which the required fee has been posted must begin between 11 and 15 days after the voting...

[Botany]

1. When will the truth ever come out?

"While U.S. District Court Judge James G. Carr in Toledo said Secretary of State Kenneth Blackwell's actions "arguably"
conflicted with federal law, ..............."

No need to worry about the law your honor.

[EFerrari]

13. Is this judge trying to say, you need to bring different charges

against Blackheart? Like, breach of oath of office or something? The ruling sucks, but we tied him up in court AND maybe we can learn from the judge's ruling.

Maybe DU lawyers can help with this one.

[blm]

2. Big surprise - The GOP locked in their judges years ago.

.

[Wilms]

3. Damn. n/t

[f-bush]

4. What a surprise

can't have the truth, now can we?

[mdmc]

5. Did Kerry / Edwards fight for the recount, or was it third parties?

Libertarians and Greens? I would like to know...

[magellan]

6. Third parties

[mdmc]

7. thanks for the info...

peace

[magellan]

8. Sad as it is to convey

...that the Dems didn't fight that debacle, you're welcome.

[mdmc]

9. I am a solid (progressive, liberal) Dem, but I do

appreciate the Greens calling out the gop on this fraud.

peace,
mdmc

[Charlie Brown]

10. and good for the Libertarians

I don't agree with them on much, but they can be surprisingly principled when it comes to calling out corruption and fraud.

[mdmc]

14. nice handle, Chuck!

I'm kinda down with compassionate libertarians, although I am the exact opposite of a libertarian - I am a true, big government liberal.

[Igel]

11. FWIW, a Clinton appointee

(first half 1994--wasn't it a dem majority Senate still then?) and in May 2002 went on the FISA court.

[rinsd]

12. It was still a Dem majority. (nt)

[Vidar]

15. The fix is in.

[Wilms]

16. .