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    “Strict Construction” Helps the Democrats – Horrors

    “Strict Construction” Helps the Democrats – Horrors

    The United States Supreme Court has vacated a 6th Circuit injunction requiring the Ohio Secretary of State to implement procedures to prevent voter fraud. The Supreme Court decision is here, http://www.supremecourtus.gov/opinions/08pdf/08A332.pdf.

    Of note, the Supreme Court decided the case on very narrow grounds, that the Ohio Republican Party did not have standing as a private party to enforce the Help America Vote Act of 2002 (HAVA). The Supreme Court accepted the Democratic Ohio Secretary of State’s strict constructionist view of who has a right to enforce HAVA.

    What ever happened to judges invoking the “spirit” of a law, or “fundamental fairness,” or the “public interest”? I guess that only applies where the wording of the statute helps Republicans.

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