I have been following a line of decisions in another area for a specific purpose. Based on that analysis, I was not surprised to see the sloppiness with which Rehnquist, O'Connor, Kennedy, Scalia, and Thomas dealt with these cases. However, the latest decision clearly can be viewed as political and that is unfortunate for all of us.
It was clear that the 14th amendment issue was the most important issue when the first case entered Rehnquist's court. However, it was muddled. Nothing done, nothing resolved. Together with the 5th amendment, the 14th provides each of us with equal protection and due process under our national constitution.
Last night, seven of the justices felt uneasy about the 14th amendment issues in the recount process ordered by the Florida Court. All of the justices recognized problems with some voting machines. However, the above named justices decided, without proof, that time prevented the development of acceptable standards and an acceptable recount. They prevented Florida from even trying. This, coupled with Justice Scalia's explanation for the stay placed on the recount this past Saturday, puts Rehnquist's Court in the political arena.
We all expect the Executive and Legislative branch of our national government to be political. However, we require the final arbiters for our equal protection and due process to be free of political taint. That ended last night.
No one won this election. We all lost. |
