OK, this is kinda fun. Prediction:
The US SC won't want to simply hand the presidency to Bush. In a 6/3 or better decision, the US SC will remand the matter back to Florida, with some additional direction.
Specifically, they will make reference to equal protection arguments to infer that only a complete recount can be considered valid, and that a statewide standard needs to be used (at least, one per type of equipment in use). With reference to the legislature's power to establish the process for electing the president, they will remind Florida that the rules for the recount need to be those that were in effect prior to this election. In a stretch, and in the absence of anything more specific to be found in the statutes, they will refer to case law from both Florida and other states, including (perhaps) Judge Labarga's ruling in the recent Palm Beach case, and the FL SC's own citation of the Illinois case, to suggest what standard should be used.
Net net, the mess lands back in Judge Lewis' lap, with a strong hint that he should adopt something close to the PB standard, and with the requirement that Broward and all of Miami-Dade be included in the recount.
OK, so it's not as much fun as having Scalia & friends drive a wooden stake through Gore's heart... |
