PRESIDENT GEORGE W. BUSH Message Board

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Politics : PRESIDENT GEORGE W. BUSH

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To: Carolyn who wrote (104107)	12/7/2000 10:42:42 AM
From: mph	Read Replies (2) of 769667

The FSC seems to be falling all over itself to find a way to reverse. Anstead is focusing on the ballots "in evidence" and questioning why the trial court did not review them. By contrast, the Chief Justice is focusing on the statewide nature of the issues. The real problem they have is the rules on appeal and the way they must evaluate legal vs. factual findings. It would not surprise me to see them remand to Judge Sauls for further factual findings. If they do that, Sauls will just beef up his opinion and make it bullet proof. If they reverse and remand based on a legal issue, such as the standards to be applied, Sauls will still find that the evidence was insufficient to carry the plaintiff's burden under either standard. It is unusual for an appellate court to enter a new judgment and not remand to the trial court if it believes a case should be reversed. I therefore think it unlikely that the FSC would do that here; but I've been wrong before. I'll probably have more thoughts later. :-) M

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