documents in the NJ election case are online

Mark Tushnet tushnet at LAW.GEORGETOWN.EDU
Thu Oct 3 18:22:10 PDT 2002


I note that the "letter-memorandum" to the New Jersey Supreme Court does
not raise the Art. I question -- even in the conditional form "If you
grant the relief requested, you'll violate Art. I."  On the other hand,
it seems to me plausible to argue that the Art. I claim doesn't really
ripen until the New Jersey Supreme Court decides against Forrester, so
that his side is raising the claim at its first opportunity (although I
would have thought that his side would at least have realized that they
do have to make some sort of "properly presented" argument).
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