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Politics : Why is Gore Trying to Steal the Presidency?
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To: lml who wrote (1689)11/21/2000 10:07:30 AM
From: Art Bechhoefer  Read Replies (2) of 3887
 
"...the Bush team could appeal the State Court decision to the US Supreme Court as it is a matter of FEDERAL law that certain powers governing the presidential election are granted to the State LEGISLATURE, not the judiciary, and which the State Legislature has empowered ONLY the State Secretary to carry out."

lml, yes, that's true, but both legislative and executive actions are still subject to judicial review. Here, what is being reviewed, among other things, is whether the cut-off date selected by the Secretary of State, even though based on her discretionary powers, was arbitrary. It is not enough to read the law. One must understand all the circumstances surrounding its interpretation in a specific instance. Here we have a Secretary of State who is also functioning as Bush's campaign co-chair in Florida--a conflict of interest if there ever was one. Had the Secretary of State removed herself from making any decision on the grounds that there should not be a trace of impropriety, I think the Florida Supreme Court might have been more sympathetic.

The Bush people will probably try to move a decision that is unfavorable to them to the federal courts, but I don't think any federal court will look favorably on an attempt to shift jurisdiction over a matter that is constitutionally delegated to the states.

Art
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