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Politics : PRESIDENT GEORGE W. BUSH -- Ignore unavailable to you. Want to Upgrade?


To: lawdog who wrote (100680)12/4/2000 4:22:51 PM
From: Gordon A. Langston  Read Replies (1) | Respond to of 769670
 
Time permitting, if the Fl. SC overhauls their decision and the Bush side still thinks it is defective, can Bush go back to the US SC and ask essentially for the same relief? (or whatever the correct terminology is)



To: lawdog who wrote (100680)12/4/2000 4:22:54 PM
From: SecularBull  Read Replies (2) | Respond to of 769670
 
The current state of the Florida SC's decision is that it has been in effect suspended pending their reply. I think that you need to look at the questions that the US SC asked, and ask yourself whether or not the Florida SC can save it's ruling from being entirely overturned.

"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. Na-tional
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."

"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."