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Politics : Why is Gore Trying to Steal the Presidency?
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To: The Philosopher who wrote (3203)12/1/2000 5:09:06 PM
From: Ilaine  Read Replies (3) of 3887
 
The weakness in Gore's case is that the Florida Supreme Court appears to have based its decision on the Florida constitution, and according to the case of McPherson v. Blacker (I haven't read this opinion, but this is what Scalia and Rehnquist said and Tribe conceded), the United States Constitution trumps the Florida Constitution on federal matters like electing a president. I count four votes that the Florida Supreme Court's ruling is unconstitutional, Scalia, Thomas because he votes with Scalia, O'Connor and Rehnquist. Kennedy I am not sure about. Definitely the other four, Ginsburg, Souter (the weasel!), Breyer and Stevens, are on the other side of this issue.

The weakness in Bush's case is that there doesn't seem to be any clear reason to decide this at all - it will temporarily give Bush more votes but it won't end the controversy.
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