Ohio election suit dismissed by judge

Yesterday, a federal judge dismissed a lawsuit from Libertarian presidential candidate Michael Bednarik and Green Party candidate David Cobb, both of whom have been waiting for recounts of the 2004 vote. Judge James G. Carr dismissed the case--despite his agreement that Ohio Secretary of State Kenneth Blackwell's actions "arguably" conflicted with federal law--on the grounds that the U.S. Constitution prohibits lawsuits against states in federal court. There are a few exceptions, but Judge Carr ruled that the suit did not meet the requirements for an exception.

John Kerry was not a party to the lawsuit.