The 6th circuit struck down the Ohio law on how new and minor parties get on the ballot, on September 6, 2006. If the state wanted a rehearing, the rules required it to ask for a rehearing by September 20. The state did not do so. But, the state has now asked for an extension of time to do so, until October 4. The state’s excuse for being late is that “the issue is of great public importance”, and also that the court should consider the impact on this case, of the 7th circuit’s decision striking down the Illinois petition for independent candidates for the legislature that came down on September 18. This is peculiar logic, since the 7th circuit case also struck down a ballot access law, and the 7th circuit decision therefore gives no comfort to those who are unhappy with the 6th circuit’s opinion.
If the statist swine can keep postponing the case, say until after the election, then they can say, “Oh, well, it’s moot now” and begin the whole delaying process all over again for the next election.
Is Claire correct? Is it too soon?