Bosco,
Here's a thought. The gist of the ruling is :
7-2 : There's a constitutional problem with the recount. Redo the recount with clearly a defined standard. (Remember Souter's line of questioning, about the proper procedure for FSC to consult with Florida's Secretary of State on establishing a standard?)
5-4 : The right solution is to redo the recount with clearly a defined defined standard after a proper process, but the deadline is Dec12, and there is no time left. You have 30 minutes, we don't think it can be done. So there.
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I can't help but think that if Gore had not been so successful in the protest phase and got the FSC to extend the deadline (USSC's 1st constitutional red flag) beyond Nov14th. He would have between Nov21st to Dec12th to have a proper process in the contest phase where the USSC probably would ask the FSC to work with the Florida Legs and Execs institute such a standard, and proceed with the recount. And it would have been completed before Dec12!.
Perhaps the 5 justices have a dark sense of humor after all. The term poetic justice comes to mind somehow.
In fact, without the 1st redFlag of the FSC extending the deadline (overruling the executive and legislative branches of Florida state), perhaps the USSC would have little reason to step in at all.
Here's an interesting article:
my.money.net
Actually I wonder if people have been too harsh on the Florida Executive and Legislative branches of govt, and especially Harris. I remember vaguely that the US constitution is made up of three pillars --- the Judicial, The Legislative and the Executive, and they were supposed to be co-equal. But somehow, everyone sort of initially placed the judicial in higher regard. Why is that?
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The only thing I miss about this is that I probably lost my most reliable buy&sell signals in a long time. Back to reading tea leaves and rolling dice. :)
SbH |
