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Politics : Why is Gore Trying to Steal the Presidency?
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To: lml who wrote (2032)11/22/2000 6:00:27 PM
From: Art Bechhoefer  Read Replies (2) of 3887
 
lml "it'll be interesting to see what happens next"

Understatement of the year! I think the separation of powers argument here is weak. Reading the Florida Supreme Court decision closely, the court didn't try to make new law. It merely reviewed an action purportedly taken under the existing law. But it also noted that the first priority came under the constitution in allowing every voter to vote and to be counted. In adhering to this principle, which it apparently has cited for more than 100 years, it simply said, "Count the votes, dammit, and get whatever results you have into the Secretary of State no later than next Monday morning!" That is not rewriting law. It is simply emphasizing that the U.S. Constitution preempts any attempt to restrict voting and disenfranchise voters. As for deadlines, which indeed can be arbitrary, in this case, what other choice is there? The deadline must be soon enough to allow any party to contest the result. Making the deadline later would certainly raise questions of due process. So the Florida Supreme Court balanced these factors and came up with a decision which I think will neither be overturned by a federal court nor even acted on by a federal court.

I would be very surprised if (1) the U.S. Supreme Court agrees to take this case or (2) allows an issue on constitutionality to bypass the 11th circuit. Too much of the actions complained of is reserved solely to the states, and the Supreme Court has come down time after time in favoar of states rights. You're right, it's going to be interesting.

Art
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