Re: Republican lawyer saying that the Fl Supreme Court wouldn't have allowed recounting to continue unless they planned to allow them to be added to total...says they are probably going to find a legal way to get someone other than Harris (Florida Secretary of State) to certify.
I saw & heard that comment on Fox and considered it one of the most misinformed comments made by an attorney. In short, the guy was a dork. NO SMART ATTORNEY would ever make such a comment because in reality your never know what a court will do . . . and I seriously doubt there is any legal way to dispose of the Secretary of State in the performance of her duties as directed by the legislature
We're talking about separation of powers here. The judicial branch cannot simply usurp executive power away from the executive branch. All the Florida Supreme Court can do is interpret the law; they are the final arbiter on this. Then based upon it interpretation of the law, the Secretary must act.
The Court can certainly instruct Ms. Harris how to exercise her discretion, but they certainly cannot remove her from her role in these manners.
A much more informed opinion on this issue was provided by Mr. Kogan, the former Chief Justice, who explained what the Court was doing by enjoining Ms. Harris from certifying the election results over the weekend. Once the Court, or any appellate court for that matter, agrees to hear a case, whether on appeal or by certiorari, it likes to TAKE CONTROL of the case. And to all Ms. Harris to certify results of the State presidential election just as the State's highest court agreed to hear the matter would be inconsistent with good judicial policy. That's about it; the Court's action provides no indication as to how it rule on the matter.
In short, that lawyer was talking out of his butt, and likely make a fool of himself in front of millions of people. What he said, almost no lawyer would ever say, unless he be a fool. So, my conclusion is that that lawyer is a fool. |
