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Politics : Electoral College 2000 - Ahead of the Curve -- Ignore unavailable to you. Want to Upgrade?


To: Ilaine who wrote (3713)11/28/2000 11:03:49 AM
From: TraderGreg  Read Replies (1) | Respond to of 6710
 
I have to agree with you...I can't imagine the US SC making a broad brush ruling on anything...can you?

Even Brown vs. board of Education really only "officially" applied to Topeka, Kansas, right?

TG



To: Ilaine who wrote (3713)11/28/2000 11:21:31 AM
From: jttmab  Read Replies (1) | Respond to of 6710
 
And that's why I'm glad your on the thread...keeps me on my toes and corrects my terminology...

If the SC [you mean US Supreme Court, right?]

Correct, US Supreme Court


were to decide that the Fl SC was interpreting the law allowing an extension of the vote counting, [you mean decide that the Florida Supreme Court's extension wasn't illegal, and thus affirm the lower court's decision?]

Yes, that's what I meant

then all the SC has to do is get over the hurdle of State's Rights [not a small hurdle, but they went over a smaller hurdle just by agreeing to hear the case] and then assert that the states deadlines and Fl SC interpretation are based on Constitutional deadlines. [If the US Supreme Court affirms the Florida Supreme Court, how would that be inconsistent with State's Rights?]

Reaffirming the Florida Supreme Court is the first step for the [speculative] decision, so at this point I think you've interpreted correctly what I've tried to say

Then the Court says voter intent is most important and tells Fl to do the manual count, and re-certify, before the Electoral College meets. [Where does this come from? The US Supreme Court can affirm the extension of time or reverse and remand, it can't tell Florida to do a manual count OR recertify.]

Here's the confusion...I would agree that the reasonable expectation of the US Supreme Court would be to do exactly what you've said; i.e., affirm [and do nothing else] or reverse. In either of those two cases, it's moot. But I think we have both seen decisions out of the Courts where they make rulings that they were not ever asked for. Let's just suppose, for sake of argument, that the US Supreme Court affirms the Florida Supreme Court's ruling; now there is precedent for the US Supreme Court to say, We, the US Supreme Court can also interpret the intent. I think that the US Supreme Court [theoretically] rule that the intent of the voters was not determined through the process used in Florida and the US Supreme Court has the authority to remand the State of Florida to do it right, i.e., do the manual recount. All hell may break loose, but I don't see anything that could stop the US Supreme Court from such a ruling. I think the door was cracked open when the Court was asked to consider what due process means wrt to the Florida election, which was the issue #1 in the GOP brief.

BTW, I think the likelihood is for the US Supreme Court to affirm the ruling and do nothing else


Regards,
jttmab