To: zonkie who wrote (109890 ) 12/10/2000 9:54:04 PM From: sunshadow Respond to of 769667 A SUPREME BLOW FOR THE RULE OF LAW Chicago Tribune 12/10 Saturday's vote by the U.S. Supreme Court to halt a subjective recount of ballots in Florida is a mighty blow for law and common sense. The 5-4 vote is the federal court's second repudiation within one week of the amateur Earl Warrens of the Florida Supreme Court. Their reckless leaps of illogic not only have threatened the integrity of the election, but also have risked tossing the nation into real turmoil. Once again, the Florida judges are being told that their activism has misled them into rewriting established law--and into flouting the U.S. Constitution. Just as the nation was about to escape the never-never land of Florida chad counting, the state's highest court yanked everyone back on Friday. By a vote of 4-3, the Florida Supremes ordered recounts of "undervote" ballots--those on which machines haven't detected votes for the presidency. These recounts clumsily began in some counties early Saturday. The vote of the U.S. Supreme Court, later in the day, not only ordered the recounts to halt for now, but also hinted that the federal justices are likely to overturn the Florida court's loopy findings after oral arguments Monday. Democrats hastily argued that the U.S. Supreme Court's move would somehow disenfranchise Floridians whose votes haven't been counted. Baloney. The ballots in Florida where voter intent is clear have been counted at least twice, which is more than you can say for votes in the other 49 states. Saturday's federal decision follows a warning that two dissenting Florida justices issued Friday. Breakneck recounts under "such chaotic conditions," they argued, would have no credibility, yet could decide a presidential election. The truly baffling failure of the majority of justices in Florida to set uniform standards for recounts only aggravated that chaos. Not that the Saturday ruling will stop Gore from trying to sue his way into the White House. Thus far, his best friends have been the hyper-imaginative Florida justices. Their decision Friday plainly defied the rule of law: as the U.S. Supreme Court noted last Monday, state legislators--not judges--oversee the selection of presidential electors. Fortunately, Florida's legislators are prepared to name electors this week if necessary. It was Charles T. Wells, chief justice of the Florida court, who shrewdly observed Friday in a dissent aimed at his four colleagues: "... the [Florida] majority's decision cannot withstand the scrutiny which will certainly immediately follow under the United States Constitution." Just one day later, the U.S. Supreme Court took a big step toward proving Wells correct.