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Politics : Formerly About Advanced Micro Devices

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To: tejek who wrote (129431)	12/11/2000 11:11:38 AM
From: Windsock	Read Replies (1) of 1580202

Tejek - Re"I saw that....I am not sure whether its intent was to reassure the country that all is right, or to threaten the FL Supreme Ct.....implying that they have overstepped their bounds. Either way, I don't like it, and I don't believe its the typical way the Supreme Ct interprets law." It was extremely unusual to grant the stay, instead of deciding the case later and reversing on the law. It is also extremely unusual to comment as Stevens and Scalia did. You generally keep the opinions for the decisions on the actual case not a stay. The comments in the decision shows the deep division that exists in the Court. This was masked in the first decision that was basically a punt because later events -- Bush lead after the partial recount -- made the case irrelevant. The Court wanted to appear united and above the political issues. The only reason to issue the stay was to "protect" the credibility of Bush as the winner. Otherwise they could follow the usual course, reverse the legal issues and declare Bush the winner. The Supreme court has stopped the collection of evidence in the trial court --the total recount -- and has telegraphed that they will decide the case before the evidence is collected. Stunning !! Verdict first, trial second. The 5 member majority of the Court has now taken an active role in the Bush transition team. Generally, the Court tries very hard to maintain the appearance of political impartiality. It will break on liberal vs conservative issues but not on political sides. One exception was the Supreme Court decision on the Japanese internment cases where the unanimous Court joined the side of popular political opinion rathere than opposing the blatantly unconstitution internment actions.

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