Given the New Jersey…
Given the New Jersey court’s decision to replace Torricelli with Lautenberg by judicial fiat, actions that should logically follow include:

  • All uncontested races should have court-appointed challengers (i.e. The Miranda Rule of Elections: If you cannot afford a challenger, one will be appointed for you).
  • Any parties other than the Republicans or Democrats don’t count as parties and/or challengers (because since the court said that the public should have a choice, obviously those other parties aren’t actual choices). In New Jersey, other (now legally unimportant) parties include the Green, Libertarian, Socialist Worker and New Jersey Conservative Parties.
  • Once campaign finance reform kicks in, parties can surrepticiously replace their candidate within 60 days of the election, and then be forbidden by law to announce that change (since the McCain-Feingold gag rule will have kicked in).

Is this really how elections should be run? What ever happened to judges interpreting the law and legislators enacting it? It’s the same situation as in the 2000 Presidential election in Florida. The Florida Supreme Court said that the deadline wasn’t a deadline, regardless of what the law actually said, and that “the will of the people” should prevail. The people of NJ have already spoken, as they did in Florida, through their legislators and via the law, that within 51 days of an election you can’t change horses. Now the NJ judges have said that that’s not what they meant.

The same liberals who call the Constitution a “living document” (i.e. subject to the whims of activist judges) are playing fast & loose with state law now.

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