Democrats long have relied on inaccurate election rolls to aid their candidates. They want to count every vote, legal or not. So, after Ohio’s government cleaned up its registration lists it was hit with the usual claims of left-wing bias. Now the Supreme Court has ruled for the state.
Ohio Secretary of State Jon Husted said the “decision is a victory for election integrity” and Ohio’s system could “serve as a model for other states to use.” Playing an important supporting role was the Trump Justice Department, which shifted to defend Ohio — the Obama administration naturally attacked the state’s effort. The president deserves credit for appointing Justice Neil Gorsuch, who provided the deciding vote.
In Husted v. Randolph Institute, the state had dropped a voter who failed to cast a ballot in several elections and respond to a notice requesting that he affirm his eligibility. There was no evidence of racism, prejudice, unfairness or malice. Nevertheless, liberal groups sued, claiming that relying on the failure to vote violated federal law. Ohio prevailed in the District Court but lost at the appellate level.
Justice Samuel Alito authored the majority opinion, which focused on statutory interpretation. He explained that the relevant federal statute “simply forbids the use of nonvoting as the sole criterion for removing a registrant, and Ohio does not use it that way.” Which means that the state did not violate federal law.
The justice cited the dissent’s “alternative interpretation of the failure-to-vote clause, but that reading is inconsistent with both the text of the clause and the clarification of its meaning” in another section. Indeed, the dissenters believed that judges should overrule state policy based on their personal opinion of “reasonableness.” Political activists and activist judges alike aren’t interested in... Read More HERE
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