michael,
Also FSC could have at any time interceded with rules. The didnt do that because only pre-existing rules were those of the democrats in 1990 in palm which DID NOT count dimples.
The problem with the Democratic rhetoric is that the votes were just not there for Gore. The counting by any objective standard would not only confirm the Bush lead, but possibly increase it.
If you read the opinion, notice what it says on page 53. This is the dissent of the 4 liberal justices, authored by justice Breyer. They say the recount would have to include all areas, including Broward, Volusia, Palm Beach and Miami Dade counties under the uniform standard. Breyer is talking about a standard that is going to be stricter than any standard used.
If this is the case, Gore loses part of the 95 vote gain in Volusia county, probably entire gain (plus some) in Palm Beach (of 160 to 210 votes), since Bush actually lead before they started counting dimples, big part of 560+ votes in Broward county, and part of the 100+ votes in Miami-Dade.
If you think my arithmetic is wrong, don't forget to include gains of 50+ votes for Bush from Nassau county (because of more accurate 1st count vs. 2nd count, and additional votes from number of counties that added previously rejected overseas ballots in the 2nd certification. These Bush gains would change the starting Bush lead from 930 to well over 1,000 before the recounting starts.
So we have a unanimous opinion of the court that none of the recounts can stand (4 Democratic counties), with 7 of 9 agreeing that the standards would have to be stricter, excluding dimples, the Bush's lead going into any possible recount would be 700 to 1,000, based on throwing out the dimples, the rest of the state was pro-Bush (including uncounted Miami Dade portion, where Bush gained 40+ votes in the aborted recount), yielding more votes for Bush than Gore with reasonable confidence level.
To those who think the Florida result is unfair, please re-read this post, plus the US SC opinion here: a388.g.akamai.net
By any fair criterion, Bush wins. The only way for Gore win is an unfair counting of selected counties, using invalid standards. The centerpiece of Gore challenge is to do something that is unfair (while possibly legal). The strategy faced unfavorable odds from the beginning, and ultimately failed (or is about to fail if Gore chooses to continue the contest).
Joe |
