Judicial activism

Of course we remember the Florida Butterfly ballots that were so aligned that thousands who tried to vote for Gore voted for Pat Buchanan in 2000 and we remember how smug the Republicans were about it and the “dumb Liberal” epithets hurled about by Dumber Republicans. Now it’s time for another round and the Republicans of Florida Congressional District 16 aren’t happy with the way the shoe fits on the other foot.

Mark Foley resigned too close to the November 7th election to allow his name legally to be taken off the ballot and apparently Florida Law allows the Republicans to choose someone else to receive benefit of any votes cast for Foley. The problem is, of course, that so many of the knee-jerk local Liberal haters don’t read the papers and will be totally surprised to know this. The Ballot will still say Mark Foley even though local attorney Joe Negron is the real candidate.

As with most states, the election laws do not allow electioneering within 100 feet of the polling place and so there can be no “A vote for Foley is a Vote for Negron” signs. Election officials may not tell voters why Foley is still on the ballot. Circuit Court Judge Janet Ferris has granted a temporary injunction stopping Republican plans to do just that. Joe, for whom it is vital to distance himself from Foley, is doing what lawyers do; he’s threatening to sue.

Concerning the decades old electioneering laws, Negron spokesman Todd Harris said

"There's absolutely no way to spin this as anything other than a partisan power grab on behalf of the Democrats and Tim Mahoney, hand-delivered to them by a judge in Tallahassee."

Why even mention spin? Perhaps because what Harris is demanding is an “activist judge” to interpret the law differently for Republicans than for Democrats. Negron, who in participating in a panel discussion with severl local clergymen several years ago, was the only member who stated that he was in favor of stronger Church-State involvement. Perhaps the Activist Judges will have something to say about this should we have the misfortune of his election.

Of course I’m gloating. There is no better dessert than Justice and the icing on this cupcake is in watching the reversible rhetoric of the party that considered this little part of Florida their property.

Postscript

I also noted this morning with amusement, that Fox News, in reporting this affair, has been calling the Democratic candidate Tim Mahoney Tim Foley. Earlier on in the Foley scandal, they made a point of naming Foley a Democrat. You’re doin’a heckuva job Foxy.