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Politics : Electoral College 2000 - Ahead of the Curve
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To: chomolungma who wrote (2437)11/17/2000 12:58:58 PM
From: Ilaine  Read Replies (2) of 6710
 
This type of decision is usually not reversed. This particular issue (whether the Fl. Sec. State appropriately exercised her discretion in the course of performing her statutory duties under authority of law without being arbitrary or capricious) does not present a federal question, IMO.

Due to the doctrine of Separation of Powers, the courts usually do not interfere with the executive branch absent a showing that the executive acted in a manner that was arbitrary or capricious. The trial judge found that she did not. Appellate courts rarely reverse in this situation.

This is, by the way, consistent with the unsolicited advice I sent to the Chief Counsel to the Sec. State, so my opinion may be biased. It may just be an instance of great minds thinking alike. -g-

I expect that the federal courts will not act unless the situation changes, because at this point legally the matter before the 11th Circuit is moot.
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