PRESIDENT GEORGE W. BUSH Message Board

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Politics : PRESIDENT GEORGE W. BUSH

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To: mst2000 who wrote (121372)	1/9/2001 9:05:50 AM
From: H-Man	Read Replies (2) of 769667

Regarding un-constitutionality, Justice Souter writes: It is only on the third issue before us that there is a meritorious argument for relief, as this Court’ s Per Cu-riam opinion recognizes. That is clear concurence in part with majority on the constitutionality issue. But there is more: ...I can conceive of no legitimate state interest served by these differing treatments of the expressions of voters’ fundamental rights. The differences appear wholly arbitrary. only differs on the remedy: ...I would therefore remand the case to the courts of Florida with instructions to establish uniform standards... ...Unlike the majority, I see no warrant for this Court to assume that Florida could not possibly comply with this requirement before the date set for the meeting of electors, December 18. The question is not if manual recounts are un-constitutional per se. From Per Curiam: The question before us, however, is whether the recount proce-dures the Florida Supreme Court has adopted are consis-tent with its obligation to avoid arbitrary and disparate treatment of the members of its electorate. Souter explicitly states that the treatment is arbitrary. Facts do not support you.

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