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The Supreme Court on Tuesday turned aside a request from Ohio to hear a case in which a lower court ruled the state couldn't stop early voting during the three-day period before the election. The decision is a victory for the Obama campaign, which had successfully argued that Ohio could not allow military and overseas voters to vote during the three day period unless that opportunity was available to all voters.
Secretary of State Jon Husted announced he was appealing the case to the Supreme Court last week, arguing the 6th Circuit Court of Appeals decision didn't make legal or practical sense.
Interestingly the Obama legal team filed a brief, using the same argument that Bush did in 2000..
The Constitution safeguards not only the abstract right to vote, but also the integrity of the electoral process: “The right to vote is protected in more than the initial allocation of the franchise.” Bush v. Gore, 531 U.S. at 104. “Equal protection applies as well to the manner of its exercise.” Id. (emphasis added). Every “citizen has a constitutionally protected right to participate in elections on an equal basis with other citizens in the jurisdiction.” Dunn v. Blumstein, 405 U.S. 330, 336 (1972); see Harper v. Va. State Bd. of Elections, 383 U.S. 663, 665-70 (1966)…
This arbitrary and irrational discrimination between voters violates the Equal Protection Clause. In light of Ohio’s troubled history of election administration, the State made the decision to expand the period in which voters may cast their ballots in person. Having done so, the State may not arbitrarily exclude some voters, but not others, from the polling place on any day during the voting period. Bush v. Gore, 531 U.S. 98, 104-05 (2000).
“We like to say that dependability is more important than ability,” Bill Belichickism....
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