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Pastimes : What Can We Do To Bring The Country Back Together?
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To: Daniel Schuh who wrote (131)12/16/2000 6:56:45 PM
From: Ilaine   of 181
 
I am not asking you to argue legal technicalities with a lawyer. I don't think we are talking about technicalities, I think we are talking about things that every person can understand. The argument advanced in the article that you cite is that the Supreme Court stopped the recount and thus, itself, made it impossible to complete by 12/12/00.

The simple flaw in that argument, and it is not a technicality, it is the heart, soul and breath of the argument, is that the recount was proceeding without statewide standards. That was the violation of the Equal Protection Clause. That was why they granted the injunction. That was why they overturned the Florida Supreme Court.

Whatever recount was completed would have to be completely redone. It would have been a nullity, a meaningless act.

That was the flaw in Gore's argument all along. He argued, let's count the votes, and forget about an objective standard. A subjective standard is good enough. It can vary from county to county. It can vary from individual to individual. That argument was rejected as violating the equal protection clause because using a looser standard diluted the votes of those whose votes were counted using a stricter standard.

That's not a legal technicality. You are certainly intelligent enough to understand it. As someone who is good at math and science, you should be able to follow it. If one person uses a loose standard to measure something and another person uses a strict standard to measure something, are the results comparable? Will they come up with the same result? And if not, does it matter?
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