Piffer Thread on Political Rantings and Ravings Message Board

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Politics : Piffer Thread on Political Rantings and Ravings

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To: Don Pueblo who wrote (566)	12/2/2000 10:49:24 PM
From: Original Mad Dog	Read Replies (3) of 14610

Reading entire Supreme Court opinions can be dull, but some of them are actually quite interesting in places, even to the nonlawyer who doesn't understand all the jargon. This one will probably be somewhat dry, however, at least in places. For one thing, the big issue for this Court is not who won, it is the threshold issue of whether they ought to even be dealing with it. That gets into thorny and arcane issues of federalism (which whole months get spent on in law school). Basically, it's the issue of when the states get to do their own thing and when the Feds get to step in and say they can't do their own thing. What is interesting about this situation is that the Constitution seems to leave it to the states to do their own thing, but it is the highest level federal election. For the court to wade into this mess and just pronounce the Florida Supreme Court unfit to explain the nuances of Florida state law on an issue which the Constitution leaves to the states would be extraordinary. I just don't see it happening. The real Achilles' heel of Bush' argument is the fact that there is this 7-day certification deadline which can be waived in the exercise of discretion, and there is a 6-day deadline in a different statute which gives a candidate the right to demand a recount. And there is a provision which allows recounts to proceed by hand. Why can't the Florida Supreme Court harmonize those statutes by saying that Ms. Harris would abuse her discretion by enforcing the 7-day deadline when a recount timely demanded under the 6-day rule is still proceeding? Seems entirely reasonable to me. Especially when Ms. Harris chairs the campaign that wins if the 7-day rule is enforced. That doesn't pass the smell test IMO. This whole argument should be about how to count the votes, not whether to count them. Since the machines have been proven fallible (they rarely make the same count twice from what has been reported), why not at least hand count the outsorted ballots and do battle over what is a vote and what isn't? The fact that this will take a couple weeks during which the market may drift lower is not a good enough reason for me. Even though the guy I voted for is ahead.

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