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Politics : Why is Gore Trying to Steal the Presidency? -- Ignore unavailable to you. Want to Upgrade?

To: The Philosopher who wrote (2843)	11/28/2000 3:03:40 PM
From: lml	Read Replies (1) \| Respond to of 3887

But what's the colorable argument that the SC can't hear a case which claims that a state violated a federal statute? I agree. Look, sorry, but don't have much time to hang around here today. Got things to do. As you know in order for any court to consider an issue it must FIRST ascertain whether it has jurisdiction. If jurisdiction is in question, the court must FIRST receive pleadings and determine whether as a matter of law it has jurisdiction. If it determines that it doesn't than the MERITS of the case are never addressed. Here we have a real interesting case because the more important question here is the jurisdictional one, rather than the claim the State Supreme Court exceeded its authority. The grant of cert implies that the US Supreme Court has jurisdiction to hear the merits of the case. So now the question is, given that US Supreme has jurisdiction over the matter, did the Florida Supreme Court infringe upon the plenary powers granted exclusively to the Florida Legislature as evidenced by the Constitution, and as further described under the United States Code.