JungleInvestor,
Slapped any mosquitoes lately? (I simply wonder as I wake up every morning to frost on the roofs and lawns).
I don't know the answer to your question, but the U.S. Supremes exist to answer deep questions of constitutional moment and as the court of final recourse. There is not yet growing "evidence" of anything yet; "evidence" in the legal sense is something which is submitted in the lowest court (remember the difference between finding fact and finding the law: evidence helps you find the fact). All the heat and dust the Republicans are belatedly raising is evidence, but only for the court of public opinion (Justice Kodiakbull presiding, thank you very much.) Otherwise, it's irrelevant at this point.
If the Florida Supes overrule their lower court on the issue of discretion, then for the U.S. Supes to grant certiorari ("grant cert") at this point there must be a constitutional issue, such as denial of due process or equal protection. As a broad philosophic matter, the courts should not be meddling in elections. If the proper procedure for Florida to conduct its elections (including federal elections) is truly a matter of Florida law, then it's difficult for the U.S. Supes to step in and say, well, we're going to determine what Florida law should be. I personally do not want any expansion of the U.S. Supreme Court into states rights.
I have to admit, I view these potential interventions by a Republican legislature in Florida or a Republican house & senate with a very jaundiced eye. No rational person wants the presidential election to be determined by a partisan body. Before I'd accept that result, as a personal matter, I'd rather see the state's rights respected and the bastard pretender take the throne, albeit illegitimately. To me, there are some things more important than who wins (or steals!) this election.
By the way, I do not believe that the Florida Supes will actually demand that Katherine (let's call her Katie, shall we?) that Katie will have to include the handcounts. Rather (just thinking out loud) they will issue an order finding that she exceeded her discretion in her written findings and require Katie not to reject the later counts on the basis that she gave. It's possible that, in a week or so, confronted with affidavits of wrongdoing, votomatics, fallen chad, eaten chad (!!), statistical improbabilities, Democratic memos, when the handcounts FINALLY ARRIVE that she could then find that the handcounts were so tainted that she would refuse to accept them on those grounds. Katie would then certify the machine numbers and await the volcano. Then you'd have a classic judicial vs. legislative (Sec'y of State is a legislative administrator) tussle and most likely then it would have to be settled by Rehnquist and company.
Maybe it would turn out this way, or maybe that second goblet of cab s. is doing its magic. It's a little late and I'm just thinktyping. |
