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Politics : PRESIDENT GEORGE W. BUSH
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To: Qone0 who wrote (112028)12/12/2000 12:29:06 PM
From: donjuan_demarco  Read Replies (2) of 769670
 
"I think the USSC court would love to set a standard and recount.
The problem is they think that would be rewriting FL law."

The USSC does not have jurisdiction to determine whether counting the votes in question (it is not a recount because they were never counted to begin with) is rewriting FL law.

It is up to the FSC to determine whether the count would rewrite FL law, and the FSC has determined it does not.

Over two hundred years of jurisprudence has made it crystal clear that the USSC lacks jurisdiction over an issue of state law where the issue has been decided by the supreme court of the state in question.

If the USSC now determines that it DOES have jurisdiction to interpret state law in a manner contrary to the decision of the state supreme court, the result will be a landslide of new litigation in the USSC, as every single decision by a state supreme court would then be appealable to the US Circuit Court, and through them to the USSC.

There can be no denying that a decision in favor of Bush by the USSC will be totally contrary to two hundred years of established law.

Only the Florida Supreme Court may decide whether the counting of undervotes constitutes a rewriting of Florida state law. That authority does not lay with the USSC, it does not lay with Congress, and it does no lay with the Florida legislature.
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