Obama Campaign Challenging Jon Husted’s Hubris

According to the Obama campaign, Ohio Secretary of State Jon Husted doesn’t actually have the authority to arbitrarily override the lower court’s ruling on early-voting rights, and they have filed a motion asking a federal court to enforce the lower court’s ruling

In its filing Wednesday, the Obama campaign pointed out that Ohio had not sought an actual stay of Economus’ decision, and instead “appears to believe it can issue [a stay] on its own authority.” The Obama campaign said Husted’s memo does not “identify the legal basis for this extraordinary action,” and argued that the memo conflicts with a well-established principle that orders based on a court decision are to be respected until an appeals court rules on the matter.

“Plaintiffs respectfully request that the Court act as appropriate and necessary to enforce its Order issued August 31, 2012,” lawyer Donald J. McTigue writes in the motion.

Jon Husted did not actually obtain a stay on the lower court’s ruling, and Husted does not have the authority to impose his will absent a stay. He’ll have to obtain one or abide by the lower court’s ruling.

Or he can pull a Rick Scott and decide the following the law is for schmucks. Either way, he’s embarrassing Ohio.

I’m sure there was a time when Republicans concerned themselves with the rule of law even when it didn’t fit their agenda, but I can’t recall when that was.

(h/t Kush Arora Attorney at Law)

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  • drsquid

    BUT DRONES!!!1!

    When is this clown getting chunked in jail?

  • JozefAL

    Well, since the GOP in Congress spend so much time demanding where the “Constitutional authority” is for any new legislation, perhaps one of those (not-so-)brilliant minds can offer Husted a little help in showing how a state official has authority over a Federal judge.

    And who wants to bet that if a Democratic state official had pulled this kind of shenanigans, it would FoxNoise’s lead feature 24/7 until the official either backed down or was forced from office? (Maybe Ohio Democrats could turn this into a commercial saying something like, “Unlike Republicans, Democrats know how to follow the law, instead of ‘going rogue’.”)

  • D_C_Wilson

    I’m starting to wonder if the GOP is playing for bigger stakes. Ohio isn’t the only state that’s flouting federal law. Governor Gollum in Florida is pulling similar stunts and here in Pennsylvania, the republicans are questioning whether the FEC has any authority at all.

    Just like all these anti-abortion laws cropping are test cases to see if they can roll the dice and get Roe v. Wade overturned, I wonder if these challenges aren’t part of a strategy to take down the Voter Rights Act.

  • muselet

    Or he can pull a Rick Scott and decide the following the law is for schmucks.

    That’s my guess.

    –alopecia