Both CNN and FoxNews are reporting that the Supreme Court have decided to allow the New Jersey Supreme Court decision to allow Robert Torricelli’s name to be replaced with Frank Lautenburg on the New Jersey Senate ballot. Details will be forthcoming about the decision.
Yes, this is a disappointing decision in some ways, but in others it isn’t terrifically surprising. The issue hinges on the ability of the state of New Jersey to reprint the ballots in time, especially the absentee ballots for overseas voters. If the Supreme Court believed that this could be done, then the Supreme Court would be unlikely to disallow the change. Nor would the Supreme Court be likely to overrule the decision of the NJ Supreme Court on the issue of state law. Unless there’s a definite and clear reason of jurisprudence to remand or negate a state Supreme Court decision, then the USSC is not going to involve themselves.
I’ll have to read the Court’s decision to see what the real line of reasoning on this is, but Forrester now faces a new challenge. Lautenberg will be a more difficult opponent than Torricelli. Still, Forrester has an opportunity to use the partisan nature of this whole affair and the shameless way in which the Democratic Party manipulated this election to his advantage – which may be enough to keep the race in his favor.