JLA, for once don't be such a doofus. There are two requirements for a stay: substantial likelihood of succeeding on the merits of the case and irreparable harm.
Bush's brief isn't due until this afternoon, so what the hell did the majority base their opinion on that Bush was likely to prevail on the merits? There is no way in hell that those justices know what Bush will argue and what Gore will counter. The Florida S.Ct.'s decision itself was clear. The Fl.S.Ct. was deciding Florida state law. There's is nothing for the US S.Ct. to decide here, unless you accept the proposition that they are willing to ignore federalist principles and stare decisis to get Bush into office.
Second point, what is the irreparable harm to Bush? Irreparable harm usually refers to things like death penalty cases where am innocent person will be dead if the execution is stayed pending judicial review. So, what is the irreparable harm to Bush, that it might be revealed that he didn't really get more votes in Florida? That is called an election and it is not irreparable harm. Gore, on the other hand, will be irreparably harmed by a cessation of the vote count. It is unlikely that a decision will be handed down in time for the count to continue.
So what did the Court do yesterday? Simple, they handed down a very weak ruling founded in political, not legal, principles that was intended solely to stall so Bush will become our next President.
Just try to defend this, JLA. Use your best lawyering. I bet you can't. |
