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


To: Carolyn who wrote (104083)12/7/2000 10:08:40 AM
From: lawdog  Read Replies (1) | Respond to of 769667
 
Fox News will have the lock on the wacko right wing reactionary crowd. You may as well break off your knob.



To: Carolyn who wrote (104083)12/7/2000 10:18:01 AM
From: margie  Respond to of 769667
 
Chief Justice of Florida Supreme Court did not allow even Boise to say anything except his name before he asked him why do we have any right or jurisdiction to change the ability of the Florida Legislature unless they ask us to do? The FSC has been reprimanded and correctly informed. They won't fall for it again.
In other words, we (FSC) had no right to review what the Florida Legislature did, unless they asked us to it. They did not.

Supreme Court Scalia said the same thing during the USSC hearing. I can't imagine the Florida Legislature invited the intervention of the courts, and according to the case being cited, unless the legislature asks for the courts to intervene, they cannot.

"SCALIA: Professor Tribe, can I ask you why you think the Florida legislature delegated to the Florida Supreme Court the authority to interpose the Florida constitution? I mean, maybe your experience with the legislative branch is different from mine, but in my experience they are resigned to the intervention of the courts...

(LAUGHTER)

... but have certainly never invited it.


TRIBE: Well, I'd have to say my experience parallels that.

SCALIA: BUT WHAT MAKES YOU THINK THE FLORIDA LEGISLATURE AFFIRMATIVELY INVITED THE FLORIDA SUPREME COURT?

TRIBE: The odd thing is that the system in Florida involves their own re-promulgation of the constitution.

TRIBE: And their scheme, with respect to the resolution, of disputes over elections draws a sharp distinction between elections to their own House and Senate, which they won't trust the courts with as far as they can throw them. Those are to be resolved exclusively in the House and Senate, and all others are to be resolved in the courts under a standard that they understandably...

SCALIA: That they are resigned to, but they need not be resigned to the Florida Supreme Court interposing itself with respect to federal elections. They need not be, because the Florida constitution cannot affect it. And I just find it implausible that they really invited the Florida Supreme Court to interpose the Florida constitution between what they enacted by statute and the ultimate result of the election."

Good bye Boise and Gore. It's over. The Florida Supreme Court will not hear your appeal and will overturn their original decision when they changed the laws governing elections.