The Supreme Court is perfectly ok with voter fraud in Ohio… (the Court’s opinion included)

Or so it would seem, at first, as they granted her a stay on having to implement a system to prevent voter fraud. (Malkin found it first)

Here is the extremely short opinion of the court (link to official site for latest Supreme Court opinions):

On October 9, 2008, the United States District Court for the Southern District of Ohio entered a temporary re-straining order (TRO) directing Jennifer Brunner, theOhio Secretary of State, to update Ohio’s Statewide Voter Registration Database (SWVRD) to comply with Section 303 of the Help America Vote Act of 2002 (HAVA), 116 Stat. 1708, 42 U. S. C. §15483(a)(5)(B)(i).* The United States Court of Appeals for the Sixth Circuit denied the Secretary’s motion to vacate the TRO. The Secretary has filed an application to stay the TRO with JUSTICE STEVENS as Circuit Justice for the Sixth Circuit, and he has referred the matter to the Court. The Secretary argues both that the District Court had no jurisdiction to enter the TRO and that its ruling on the merits was erroneous. We express no opinion on the question whether HAVA is being properly implemented. Respondents,however, are not sufficiently likely to prevail on the question whether Congress has authorized the District Courtto enforce Section 303 in an action brought by a private litigant to justify the issuance of a TRO. See Gonzaga Univ. v. Doe, 536 U. S. 273, 283 (2002); Alexander v. Sandoval, 532 U. S. 275, 286 (2001). We therefore grant the application for a stay and vacate the TRO.

*Title 42 U. S. C. §15483(a)(5)(B)(i) (2000 ed., Supp. V) states, inrelevant part:
“The chief State election official and the official responsible for the State motor vehicle authority of a State shall enter into an agreement to match information in the database of the statewide voter registrationsystem with information in the database of the motor vehicle authority to the extent required to enable each such official to verify the accuracy of the information provided on applications for voter registration.”

Basically, the high court doesn’t think the district court could rule on this because the high court doesn’t believe that there is a personal right to enforce the applicable provisions in the Help America Vote Act of 2002 (HAVA). Or, in other words, section 303 of HAVA gives no way for private citizens or groups to enforce its provisions and therefor the Ohio Republican Party, who brought the case, has no grounds to ask for temporary restraining order forcing Jennifer Brunner to update the state wide voter registration database.

Unfortunately, after reading through the opinion of the court, the previous cases they cited, and, most importantly, section 303 of the Help America Vote Act it appears that my first impression was wrong and the court is actually correct on this. It seems that the Ohio Republican Party has no legal way of forcing Jennifer Brunner to do her job and prevent voter fraud. Sadly the law that the Republican’s cited just isn’t adequate on the enforcement end. (Hotair’s interpretation)

So don’t blame the court this time, blame Jennifer Brunner the hack whose destroying democracy. Then again she’s not the only one…

If McCain wins, thank Joe the plumber

Joe Wurzelbacher was made famous this week. He is the plumber who challenged Barack Obama’s tax plan on the streets of Toledo, Ohio and thereby incited the now famous “spread the wealth around” gaffe. According to the New York Times his name was mentioned an astounding two dozen times during the final presidential debate.

He has become a focal point, a symbol if you will, for all those who are skeptical of Barack Obama and his wealth redistributing tax policies. Joe the plumber pulled of a great feet. He managed to do something that John McCain and the entire republican party couldn’t manage.

Joe the plumber managed to catch Barack Obama off his guard and away from his Teleprompters. He managed to ask a poignant, unscripted, unexpected question to him. And most importantly he managed to get an unscripted, truthful, and revealing answer, an answer that has already changed the focus of the race. One that is negative for Obama, positive for McCain and easily sound-bite-able.

But perhaps his greatest feet was getting the media to pay attention to the negatives associated with Barack Obama’s tax plan. And that is something that John McCain could not do no matter how hard he tried. It took someone who is not rich and powerful. It required an “everyman” that would be hurt by that plan.

In other words, in order to poke holes in Obama’s tax plan the Republicans needed to show Americans who Obama wants to take money from. They needed someone that the middle class can relate to. They needed someone we could all connect with.

They got all of that in Joe the plumber. According to broadcasts on MSNBC, FOX NEWS, CNN, and several other media outlets Joe Wurzelbacher is someone who is representative of the middle class. He is a plumber. He has a child. He lives modestly in a small house in Toledo, Ohio. And, most importantly, he is working hard to achieve his dream of owning the plumbing company he now works for. He wants to do what he loves, earn what he’s worked for, and keep what he’s earned.

Joe is reaching for the American dream. That’s something that I think everyone can relate to. Certainly that is my hope and the entire reason I am giving four years of my life and more than a hundred thousand dollars of my money for additional schooling. Honestly, what other reason for attending a college is there?

And this really applies to everyone. I mean, Is your vision of your future all that different from Joe’s? Don’t you want to be successful? Don’t you want to determine what to do with your earnings, be it investing to build jobs or giving to charity or buying a home for your family and loved ones? I want what Joe the plumber wants and I think most of you do too.

So, while I may have a strong affinity for many of the principles John McCain espouses I can actually relate to the dreams, desires, and concerns that Joe the plumber has. I’m sure I’m not the only one either. If McCain wins he will owe a debt to Joe. A fruit basket is in order.

(Others blogging on Joe: Hotair, Malkin, STACLU (via Malkin), McCain-Palin MMVIII, Matt Lewis, Glenn Beck, NARN, and NewsBusters)