So much for checks and balances

Judge Yuri Hofmann on Tuesday afternoon dismissed the lawsuit brought by San Diego voters contesting the June 6 election of Brian Bilbray to California's 50th Congressional district seat. Bilbray was sworn in to Congress while his election was not yet certified and the vote count was not yet complete. These are but some of the many grounds cited for the election challenge. But no matter how damning the evidence, it would not get its day in court.

The motion to dismiss, filed by defendant Bilbray, claimed the court has no jurisdiction. Indeed, Hofmann cited numerous precedents of courts keeping their distance from a legislative fray.