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 Dems building their campaign around the argument that a vote for Torricelli is really a vote for Lautenberg.

But what if Torricelli wins and then doesn’t step aside? He hates Lautenberg so much he would no doubt be tempted to claim that his name was on the ballot and he was elected. Recall that his self-congratulatory resignation statement said only that he was choosing not to run. He did not add the customary Sherman-esque follow-up: “and if elected I will not serve.” Would the Dem lawyers go back to court and claim that he wasn’t “really” elected? Would a Senate controlled by Democrats refuse to seat him? One controlled by Republicans?

This could get good before it’s over. But let’s say the NJ Supremes vote the way they’re told, Lautenberg’s name is on the ballot, and he wins. Maybe there’s a silver lining even in that cloud: the Democrats could no longer harp on the 2000 election being handed to Bush by the Court.

Say What?