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Politics : Al Gore vs George Bush: the moderate's perspective

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To: Mephisto who wrote (9742)7/21/2001 1:06:16 AM
From: Mephisto   of 10042
 
Letter to The Editor
From The New York Times

July 19, 2001

The Florida Vote: Rearguing the Case

Re "How Bush Took Florida: Mining the Overseas
Absentee Vote"
(front page, July 15):

By the Supreme Court's logic in Bush v. Gore, no
overseas absentee ballots should have been
counted in Florida, since the standard used
produced a far greater denial of equal protection than the neutral, if somewhat
vague, voter-intent standard used in a hand recount of other votes.

Your study shows that the differing standards for absentee ballots favored
Republicans. Thus, if the equal protection clause demands that no ballots be hand
counted even though clear intent could be discerned for many under even the most
cautious standard, it surely demands that no absentee ballots be counted.

According to the Florida Department of State's Web site, Al Gore would have won
Florida by 202 votes if no overseas absentee ballots had been hand counted after
Election Day.

ALAN M. DERSHOWITZ Cambridge, Mass., July 17, 2001 The writer is a
professor at Harvard Law School and the author of a book about Bush v.
Gore.
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