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Originally Posted by Kevin
It might not be.
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Which is pretty much the same thing as me saying it might be. I didn't say that without question it is relevant, just that it might be.
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Too bad we have to wait until McCain is elected and the Democratic party sues to find out.
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Give it a rest, Kevin. Implicit hypocracy is not becoming, and you know that Republicans would sue just as quickly as Democrats if the shoe were on the other foot. Besides, how would "the Democratic Party" have standing? (You at least get a gold star, though, for not saying "the Democrat party.")
Besides, you're the one who said:
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Originally Posted by Kevin
As far as deciding something before election day, the Supreme Court is not in the business of issuing advisory opinions. You have to have an Article III Case or Controversy. The issue is not yet ripe for decision. Only if McCain wins the general election does this ever become an issue.
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Actually, I would assume if it's not ripe prior to the election, it's not ripe until after the electoral college has voted. Assuming a suit was brought then, wouldn't the appropriate relief under the XX Amendment be that the vice-president elect becomes president? I don't see how the Democratic candidate could benefit from a decision adverse to McCain?