Iso,
I'm not sure the legal technicalities you mention arise to the status you ascribe. First of all, as we all have learned, very few really understand the law, or lawyers.
Second, although filing a brief with this in it is probably flawed, and the affidavit makes the affidavit writer look negligent or worse, the fault doesn't really lie with the Gore camp. They can actually claim "good faith" reliance on Illinois counsel, in some sense.
However, the Stupreme Court of Floriduh, the Seven Dwarves, have 3 law clerks per "justice," if we can believe the networks. That's 21 "high powered" law school graduates, litigation and constitutional law specialists, helping out the seven wise jurists, in discerning what the law is, or was. 28 highly qualified legal minds with access to Nexis and Lexis (and maybe the rest of those Henry Miller novels, too) and nobody bothered to read and analyze the Illinois case they were citing as precedent. Yes, this makes them look stupid and incompetent (but the ruling already did that).
But will it matter? Do you think the Seven Dwarves are going to review their screwed up ruling and say, hey, this just plain isn't right. Or, whoops, we guess we stepped in it here. Rescind and dismiss?
No way, Jose (I mean that in a non ethnically sensitive or gender specific sense, of course; take it as "No way, Ulrika," if you wish). If there is one thing that was on display by the Stupreme Court of Floriduh other than ignorance of the constitutional separation of powers, sloppy thinking, the standard of review for administrative discretion and a lack just plain common sense and reading skills, THEN it was an extreme arrogance as to their own powers of perspicacity.
They won't review their own magnificent ruling. Think of a sixteenth century Pope--would he question papal infallibility?
Next issue.
OT: John T. Clarke--nice touch concerning Dick Cheney's health. Glad to see the milk of human kindness hasn't dried up in you. |
