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

To: Ilaine who wrote (4624)	12/4/2000 4:44:44 PM
From: Windsock	Respond to of 6710

Re: "I have no idea what any of this means. It seems to me that what the U.S. Supreme Court did was tell the Florida Supreme Court that there were impermissible reasons to do what it did, and suggest that it try to find permissible reasons - but my question is, can they find a permissible reason?" The US SC said: "After reviewing the opinion of the Florida Supreme Court, we find "that there is considerable uncertainty as to the precise grounds for the decision." Minnesota v. National Tea Co., 309 U. S. 551, 555 (1940). This is sufficient reason for us to decline at this time to review the federal questions asserted to be present." In other words we might look at this federal question again and we might not. More US SC "Specifically, we are unclear as to the extent to which the Florida Supreme Court saw the Florida Constitution as circumscribing the legislature' s authority under Art. II, §1, cl. 2. We are also unclear as to the consideration the Florida Supreme Court accorded to 3 U. S. C. §5. The judgment of the Supreme Court of Florida is therefore vacated, and the case is remanded for further proceedings not inconsistent with this opinion." These two taken together make it clear how to support the original opinion: just make sure that the original decision was based on an interpretation of existing Florida law. The US SC made it clear that it would defer to The Fla interpretation of state law: "It is fundamental that state courts be left free and unfettered by us in interpreting their state constitutions." I think the US SC realizes that events in Florida have made the original case irrelevant and sent the case back hoping that they won't have to see it again. The Florida SC can do either of 2 things. First, it could let manual recounts in from the all or some of the 3 counties as part of the contest or post certification stage. Gore may or may not have an advantage. This would make the issue of certification delay a total non-issue. Second, they could revisit the original decision and explain their reasons and then keep the partial recount results. All this would do is change the Bush margin from 900 to 500, who cares. Originally, Bush wanted certification right away so that there would be no recount. The hope was that the recounts would stop because they would have a terrible position if the recount favored Gore. In part the Bush campaign was successful because the Miami-Dade recount was stopped and the partial recount did not produce a Gore advantage. In any event, there must be a Miami-Dade recount of the undervotes if Gore has a chance of prevailing. And time is almost too short for that to happen. One wild card is the Seminole county suit. If the 15,000 absentee ballots are disqualified Gore gains about 10,000 votes and it is off to the FL lege.

To: Ilaine who wrote (4624)	12/4/2000 6:04:03 PM
From: jttmab	Read Replies (2) \| Respond to of 6710

I think the Justice's would like to come up with a unanimous position of the Court and with what they had, it couldn't be done. If I make a leap by inferring from some of the questions during the oral arguments you had two groups one group saying it wasn't a Federal question and the other group expressing the letter of the law wasn't adherred to. So they told the FSC to rewrite it in the hopes that when it comes back to the US SC. They could have at least make a decision that was close to unanimous. That's my guess. jttmab