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To: flatsville who wrote (36057)11/10/2000 8:58:11 AM
From: Ilaine  Respond to of 436258
 
The point of the case is that the Constitution, and the United States Code, set forth the process of electing a President, and preempt state law to the extent that there is a conflict. That's black letter law. If I were on Bush's legal team, that's one argument I would make at the state level to preserve the federal question for review by the Supreme Court. I realize that Justice Rehnquist, et al, usually give deference to state determinations of state law, but this also has national significance, and I can't imagine them not wanting to review it. Otherwise, state governments would feel free to throw out federal elections whenever they were not happy with the resuls.