To: Aggie who wrote (79584 ) 11/20/2000 11:33:57 PM From: kodiak_bull Read Replies (1) | Respond to of 95453 Excardog, Aggie, It's funny but I'm getting a couple of different analyses this evening. First of all, in the FL Supes, I'm not sure that any non-lawyers can appreciate how difficult it is for the Supes to do much of what the Dems want them to do. The obvious issue is that the lower court ruling (that the Sec'y of State was acting within her discretion) was hardly even dealt with in oral argument. Strictly speaking, all the justices should rule on is this very thin issue. The easiest thing is to look at the statute, look at the rules, look at the timeline, glance sideways at the political carnival, and say, "Affirmed." They could grant a further deadline, say December 7, for all recounts to be turned in, along with canvassing board affidavits as to the processes and procedures followed, and separate counts for those ballots which were hanging and swinging chad, and those which were pregnant and dimpled. (And those which were divined by Kresgin on contract to the GoreAmerica Campaign). Then the Sec'y of State could exercise her discretion as to which counts she accepted, while required to give her reasoning. This leaves the situation open for a while but would seem to be at least in keeping with the spirit of the legislation. Or they could step in and tell her to accept all handcounts from the 3 counties, damn it, and certify those numbers. But this is not the law, and this is not their job. No matter how partisan they might be, they'd have to know this is stepping over the line. And Bush then attacks it on two fronts, in a state conflict between executive & legislative vs. the high handed court, and by appeal to the federal court on a now clearly existing federal election law issue (constant, a priori laws) as well as a constitutional issue (equal protection). Kodiak's odds: 63.5% for option 1, 36.1% for option 2, 0.4% for option 3. I know folks watching the process may have gotten the impression that the Reps were toast, but it really is a more complicated process than that. The fact that the Reps didn't keep jamming the limitations of the case down the justices' throats, I believe, must have been a purposeful tactic to be polite. It was, as the old metaphor has it, the elephant in the living room on this one. Incidentally there are reports that the hand counts are failing to manufacture enough votes for Grinnin' Al, even with the newly changed standard of "dimples for Dems." However, I do not believe this current set of disinformation emanating from the canvassing boards (and their lackeys, the press corps). I presume a late breaking surprise run in Algore's favor ("It was so sudden, so surprising. Oh well, America's waited long enough for her handsome new beau, let's just call it an election, shall we?") to be in the offing, who knows from which shadowy corner. Press stories about Dems losing patience with Al and the process also look almost like plants to me (including my earlier post from the LA Times); I just saw one where Willie Brown (SF) supposedly said, "it's over, and we're getting impatient." Those, too, may turn out to be journalistic version of vaporware when the midnight surprise hits the fan. Eternal vigilance is the price of freedom, etc. etc. We shall wait and see, but until January 20, 2001 and the moving vans have carted all the Clinton personal and administrative materiel out of 1600 Pennsylvania Avenue, I'm sleeping with one eye open. Eternal vigilance . . .