| Differing rules in the various counties do not matter as long as they are not designed to favor a particular candidate, but affect the process randomly. The issue in this case was the certainty of establishing more liberal standards in Democratic counties, to cull more Gore votes. Similarly, the purposeful discrimination about the outcome is inherent in allowing the various counties to tailor their own rules. Also, Scalia has not said that he would only judge as the court would have at the time of the Constitution, statute, or amendment, but that he would be bound by the actual wording of the text, such material as might clarify intent, and reasonable inferences derived therefrom in applying the law. As it happens, a reasonable body of precedents have been developed in election matters, and he followed them, as amplifications of the 14th amendment..... |
