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


To: Carolyn who wrote (5155)12/7/2000 8:50:48 PM
From: Ilaine  Read Replies (2) | Respond to of 6710
 
Interestingly, the Chief Justice of the Florida Supreme Court asked Barry Richard today whether it had jurisdiction to even hear appeals of vote contests concerning presidential elections, and he said "no." The Chief Justice all but asked him, "is that your final answer?"

I was sitting there shouting - "Tell him it's an interesting question and you aren't sure, you dummy!"

As a matter of law, appellate courts can find that they don't have jurisdiction even when the parties insist that they do. In fact, courts SHOULD find that they don't have jurisdiction even when the parties say they do. And I've never seen a clearer invitation to jump at the chance.

After looking at the statutory scheme, I don't think they do have jurisdiction, but the statutes are a mess. This is the first time this has ever happened and the statutes just are not set up for Presidential elections.

It may well be that Richard decided not to jump at the chance because he is afraid of what will happen in front of Lewis and Clark, and thinks if the Florida Supreme Court fixes it that would be better than the Legislature, since there won't be the appearance of bias.



To: Carolyn who wrote (5155)12/8/2000 1:18:00 PM
From: Ilaine  Respond to of 6710
 
Apparently now Bush is arguing that the Florida Supreme Court DOESN'T have jurisdiction to hear the appeal. Curiouser and curiouser.