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Technology Stocks : Identix (IDNX)
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To: brad greene who wrote (19418)12/12/2000 11:20:50 PM
From: David  Read Replies (6) of 26039
 
Here's my take on implicit elements of the Supreme Court's ruling, per the news:

Bush's attack on the legitimacy of manual recounts is rejected; Bush's attack on the Florida Supreme Court as acting outside the relevant state statute was satisfactorily answered by the Florida Supreme Court in Monday's opinion (implicitly); the Florida Supreme Court was acting within its rights to extend the original recount statutory deadlines; its findings that Katherine Harris had exceeded her discretion in telling the counties to stop their recounts was an appropriate use of its authorities; the presently certified count of Bush winning by less than 200 votes is not rolled back; and, any other Bush arguments on the Florida's courts actions are rejected.

A statewide manual recount can go forward under Florida law and the Constitution so long as the Florida Supreme Court establishes more specific counting standards.

BUT . . . under the relevant Florida "safe harbor" provision, Gore has run out of time. Bush has lost on the merits on all his arguments (save the one reserved for challenging any more specific recounting method), but he wins because he ran out the clock. He doesn't win because he was right in any of the previous arguments he made.

Wow. What a mandate Bush has got. I wonder how much Gore would have won by if the Supreme Court didn't cut it off. Guess we'll have to wait for the private recounts about to be done across the State of Florida.
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