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


To: TraderGreg who wrote (4587)12/4/2000 4:30:19 PM
From: Ilaine  Respond to of 6710
 
>>Solomon would have made a decision.<<

It's funny, you and I were debating whether Scalia and Ginzburg would agree, and lo and behold, they did!

This remand with request for clarification is very interesting. I think an intellectually honest person would say that the Florida Supreme Court's original decision was based on the Florida Constitution, and principles of equity, which under McPherson v. Blacker, isn't good enough to trump the US Constitution and US Code as it applies to a federal election.

So the Florida Supreme Court MUST say, well, this is clearly based on nothing but statutory construction.

And there is no doubt in my mind that it will do so, but it will be intellectually dishonest and corrupt to do so.

I realize this is harsh, but I don't see how the Florida Supreme Court justices can contort the original decision that much otherwise.

As for the narrowness of the holding, that's typical of the present day court. Ordinarily they wouldn't even have taken a case like this, except for the fact that it was about the Presidential election.