I think both Court's proved that they are more deliberative than quick. There was immense pressure on them. When the Bush people sent their first case up I could see the 14th amendment issue immediately. Rehnquist's Court was initially concerned whether this was a federal or state issue and then they wondered if the Florida Court took federal law into account.
My guess is that Rehnquist's Court originally was torn over their jurisdiction most. I hope they were not using the 14th amendment as a fall back position.
Although this is a mess, it is just starting.
When President Clinton leaves office on January 20th, the special prosecutor is expected to indict him on January 21st. That will put Bush in the position of pardoning him or reading about him for the next two years. If he wants to be heard, he may have no choice but to pardon him. Of course, he would make enemies in his own party with that move. What will Senator Clinton do?
In the Senate, there will be a 50 - 50 tie with the Democrats in charge from 1/3/00 to 1/20/00. Vice President Gore will be the tie-breaker during that period. On January 5th, the Vice President will read the results of the electoral college vote in the Senate. I wonder if Gore will be able to say Bush with no expletives. The Democrats want shared power with the Republicans in the Senate beginning on January 20th when Vice-President Cheney will be the tie-breaker. However, the Republicans are talking about one more Republican on each committee than democrats. That will cause political warfare in the Senate for some extended time.
In addition, there will be a death-watch in the Senate. Both Helms' and Thurmond's terms expire in 2002 and both are from states with Democratic governors. Jesse Helms and/or Strom Thurmond both have health problems. If either is called by his maker, the Senate goes Democrat again. Since last night's decision only infuriated an angry Democrat party, they will be looking for a fight.
Looking back to Rehnquist at 76, his maker could call him in the next four years also. President-appointed (by the Rehnquist Court) Bush may need to elevate a sitting justice. Bush admires Scalia. However, the word Scalia in a Democrat-controlled Senate is similar to screaming the word "fire" in a crowded movie theater. I think we may see some fisticuffs on the floor of the Senate during the next four years. Maybe we will see if Trent Lott can take a punch.
During 2001, there will be a vote count in Florida that shows Vice-President Gore actually won Florida. That will draw some of the attention from the Clinton indictment. Also, there will be a major legal action by the NAACP over the placement of the oldest voting machines. You will continue to hear about Plessy v. Ferguson and the Rehnquist Court will again ponder the 14th amendment and admit that there were 14th amendment problems with the vote count in Florida. |
