Your area of specialty but point me to a case of a court mandating an elelction canceled by a state legislature.https://twitter.com/rickhasen/status/929420582105464832 …
I'll have to do some research but you might look at 11th Circuit decision in Roe v. Alabama, how you can't change the rules of the election once put in motion. Military voters have already voted. Equal protection and due process issues.
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Also a good argument that the 17th Amendment *requires* that there be a replacement election; it cannot simply be cancelled. http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1051&context=nulr …
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Oh this is an interesting precedent,
@hughhewitt, for the anti-democratic aspect of cancelling elections already called (from the above cited article) cc:@neal_katyal :pic.twitter.com/qEIFdLZ4dN
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So far my research has not uncovered any case where a state tried to cancel a Senate special election which was challenged in court. Likely because it so unbelievably undemocratic to try to do so.
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You might be underestimating the utility of a judge 3 yrs out of law school that has never tried a case.
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If 9/11 wasn't a reason to postpone an election, "my guy might lose" certainly isn't.
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What would be the asserted nonpartisan rationale for this legislative action? It would seem to be the Alabama legislature's quasi-determination of Moore's guilt as the necessary and appropriate basis for their action.
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Thank you, professor!
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didn't you listen when Scalia told u equal protection was only for protecting Republicans?
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A better ?: would gov and state legislature of alabama risk angering base of voters loyal to Moore? Think not.
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Changing the rules is a lot different from cancelling and postponing it. If military voters still get to vote in the rescheduled election I can't imagine any due process or equal protection problems. Having candidates who aren't sex criminals is an important government interest.
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Especially when weighed against the harm--a few people having to vote twice.
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Except that there is no legal impediment to Moore's candidacy. He won the primary & is the Republican on the ballot. That it turns out he is a scumbag (no surprise to many people) & the GOP would like a do-over isn't a state interest, compelling or otherwise.
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You'd be correct in a regular election. But Alabama law gives the governor a lot of latitude in special elections. And obviously the legislature is controlled by Republicans, too, if any laws need to be changed. I could see them rescheduling for February.
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And I don't see any valid constitutional challenges.
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Maybe there’ll be a civil action, which will be assigned to that new guy (the blogger).
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Supreme Court case starts with a P as I recall
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