>>>They made a judgement: the FSC decision was terribly deficient, and therefore was vacated...<<<
Perhaps there's a different scenario, Neocon. Imagine this:
Consider that several of the U.S. justices were appointed by Reagan-Bush and Bush-Quayle. There was probably a tendency not to reject Bush outright among this contingent and these particular justices wouldn't accept an outright dismissal of Bush's suit. So an alternative was found. The fact of deficiency could have been the Florida court setting a deadline date in its overrule of the secretary of state. Perhaps the FSC shouldn't have done that. This could have provided the U.S. high court the window of opportunity to knock the matter back to the florida high court for clarification, in essence promulgating a non-decision but one still helpful to Bush in light of the time drag consequences.
Consider also that the Florida Supreme Court has a reputation for being an activist court. Well, now it has its opportunity to shine in the sun, squeezed between all parties.
Without the Florida Supreme Court's involvement, who then would have made the ultimate decision on the presidency: a) Secretary of State Katherine Harris; b) Judge Sanders Sauls; or, c) the U.S. Supreme Court which has no business deciding a state election matter.
Neither of 'em! The ultimate decision has to rest with the Florida Supreme Court.
So let's be a fly on the wall deep inside Florida inner-circle judicial thinkism: Maybe, just maybe, it makes no sense to count so many ballots under such controversy in such little time, particularly when you know you've got wild cards--dueces wild--like Seminole and Martin county absentee ballot cases weaving up the judicial ladder.
Given the new legislatively-mandated stringencies of absentee ballot fraud laws, perhaps the courts know either one of these two cases could make the Gore challenge to count all of the ballots, under such horrible public scrutiny, a moot thing to do.
If anything is apparent at this stage, it's the kinds of disruption taking place whenever counting is attempted. So why count unnecessarily if the resultant vote totals are ultimately gonna become moot in the face of the Seminole and Martin County challenges. Either one of those challenges, in one fell swoop, could elimiate thousands upon thousands of votes helping thereby to declare the rightful winner: Al Gore.
Possible? Maybe. Maybe not. Still, however, something to consider.
And courts like moot, do they not? And who--judge, lawyer, politician, low-level county worker, court employee or otherwise--wants to now get involved in Florida's counting process--it's already proven hell!
Me thinks Judge Clark is going to toss out votes. Think higher courts will follow? It'll be exciting to see what happens! |