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Politics : Electoral College 2000 - Ahead of the Curve
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To: sandintoes who wrote (5844)12/12/2000 9:29:01 AM
From: margie  Read Replies (1) of 6710
 
"What the Florida Supreme Court essentially did is a universal search on the word processor for "Florida Constitution" and delete the phrase." :-)
That was Ben Ginsburg reaction to the FSC "clarification" of their earlier decison.

Ginsburg is so sunny, he's great. He was interviewed by Wolf Blitzer last night on CNN as to what he thought of the Florida Supreme Court's opinion submitted yesterday afternoon to the United States Supreme Court.

Wolf Blitzer said: "The Florida Supreme Court (FSC) came up with a decision 6-1 that the earlier decision was rooted in Florida State Law."

Ginsburg: "Well, I think by and large it's not terribly relevant at this stage. The FSC found itself chastised in the United States Supreme Court today for not following its direction to their mandate and in fact as I read the FSC decision what they essentially did is a universal search on the word processor for Florida Constitution and delete the phrase but the reasoning that ran afoul of the US Supremes remains nonetheless, and in point of fact: the addition of dimples and deadlines to Florida's law still remains a violation of Title 3 section 5 of the US code.

Blitzer earlier also asked his reaction to David Boise saying that the deadline for selecting electors really is December 18th (that it is not really December 12th) and that most people agree with that? Do you agree?

Ginsburg laughed and said: "Well, it's a little bit of change in position for the Gore camp, but considering that it's December 11th today.... December 12th is the last day that guarantees that electors will be in the safe harbor absolute last day for safe harbor for its electors to be seated and won't be a problem. Any attempt to change the date back to December 18th enforces the importance of Florida's legislature in selecting the electors.

The FSC is really responsible for this whole mess. They originally ordered Katherine Harris not to announce the winner on November 14th. Did they actually forbid her from certifying the results? Then they extended the deadline for protest; which shortened the period for the contest; making it impossible to meet that deadline; they changed the standards requiring recounts; imposed their idea of standards for judging voter intent; ordered that incorrect totals from Palm Beach, Nassau; Miami-Dade be added to the already vacated certified results of November 26th.

Gore and his army would have been stopped on November 14th; if the Florida Supreme Court had stuck to their duty of just interpreting the laws and stopped this judicial activism.
Unfortunately the US Supremes missed their chance by just vacating the FSC decision instead of reversing it.
Now they are in an unenviable position.
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