Ralph Nader's Lawyer: Hawaii Election Law Fight About Free Speech Rights

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Ralph Nader's fight to overturn the law that kept him off Hawaii's presidential ballot in 2004 could yield a huge victory for voter choice and free speech rights, according to Nader's lawyer.

The U.S. Supreme Court recently requested a response from the Hawaii Office of Elections.

Attorney Robert Barnes, part of the team representing the longtime consumer advocate and four-time presidential hopeful in Nader v. Cronin, told Civil Beat that's an extremely rare step that shows the court is serious about taking the case.

Barnes said he thinks it's now a 50-50 shot that the Supreme Court will take the case, and he believes the justices have been looking for the right opportunity to "rewrite the doctrine on election laws."

"It would be the biggest victory for small parties and independent candidates in Supreme Court and judicial history," he siad.

He said he believes the justices want a case that allows them to frame the controversial Bush v. Gore decision in a different light — as not politically motivated but legally principled.