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Construing Liberal Construing, Or: Construe You

I’m still fascinated by the ongoing discussion of “construing liberally,” also known as “reading loosely” (WaPo editorial: “The Supreme Court of New Jersey read quite loosely state election law….”). Linda Greenhouse, the New York Times Supreme Court reporter who is usually quite balanced and reliable (and with whom I once served on a panel so […]

“Construed” Once Again…

The NJ Supremes, holding (Link via Eugene Volokh) that “the election statutes should be liberally construed,” have proved they were up to the task. (Not surprisingly, liberals are very, very good at liberally construing.) They have “construed” the statutory authorization (Link via Dave Kopel) to replace a candidate’s name on a ballot “[i]n the event […]

Florideja Vu All Over Again?

The Washington Post’s “Talking Points” that appeared online Tuesday afternoon discusses the brief the New Jersey Democrats have filed with the state supreme court. The brief argues that if “the 51 day technical requirement” prohibits Democrats from replacing Torricelli on the ballot, it would “deprive [the Democratic party] of the fundamental right of ballot access […]

What If … ?

I know this may appear unlikely, but what if a court with a Democratic-appointed majority were to conclude that a statute means what it says, that a clear deadline is not merely an “administrative convenience” (as the attorney for the NJ Dems put it)? So, let’s say Torricelli’s name remains on the ballot, with the […]

Can New Jerseyites Write?

I may have missed it, but I’ve seen surprisingly little discussion, pro or con, of the NJ Dems mounting a write-in campaign for Lautenberg. True, there has been at least one recommendation: “Bill Clinton is suggesting Bruce Springsteen,” the Hotline’s Craig Crawford told a stunned John Batchelor and Paul Alexander on their nightly WABC Radio […]

Don’t Feel Badly For Me

“Don’t Feel Badly For Me” – … was the extinguished Torch’s request in his maudlin resignation speech. O.K. That’s easy. In addition to his documented difficulty in distinguising right from wrong, the Senator also can’t tell the difference between adjectives and adverbs. He performed badly in office, but his speech was a bad performance. Actually, […]

Has the New York Times Come to its Senses?

Has the New York Times Come to its Senses? – No. On first reading the NYT’s editorial this morning on the Torricelli affair it appears the editors have discovered the virtues of competition. “The guiding principle,” they write, “should be the voters’ basic right to a genuine election.” But that appearance is misleading. What the […]

Bush v. Gore II?

Dave Kopel makes a powerful case on NRO that New Jersey law will not allow replacing Torricelli’s name on the ballot. The Democrats obviously know this, and thus Governor McGreevey intends to ask the state supreme court to make an exception in this case because of “unusual circumstances.” If the state supreme court complies with […]

Playing Percentages – The Chronicle

Playing Percentages – The Chronicle of Higher Education has a new article (link requires subscription) touting the benefits of the plans adopted, so far, by California, Texas, and Florida that guarantee admission to the state university system to the top graduates (top 4%, 10%, and 20% respectively) of each high school in the state. These […]

More Bias From the New

More Bias From the New York Times – Andrew Sullivan wrote over the weekend that “[i]t’s gotten to the point now that I always check the actual poll when reading the New York Times‘ version.” The particular poll that occasioned this latest barb from Sullivan was in an AP story, but Sullivan found that “the […]