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To: cfoe who wrote (89875)12/11/2000 4:43:35 PM
From: Art Bechhoefer  Read Replies (2) | Respond to of 152472
 
Does the "contest period" in the Florida statutes violate Federal statutes? If so, then you have a situation where someone could contest a vote count only for state and local offices, not for President, due to the time limitations imposed on the electoral vote. That would certainly be a strange outcome. I listened to the oral arguments and was impressed by Justice Kennedy's probe into whether both the timing of the contest and the standards for counting raised constitutional issues. I think he was trying to find SOME way of ruling against a recount, but that whole idea goes against the right to cast a vote and have it counted. We'll probably know the outcome of the Supreme Court decision tomorrow. My own hunch, based simply on my reading of the comments of the Justices, and not on anything else, since I'm not a lawyer either, is that the Justices will reluctantly decide not to interfere with the State. To do otherwise would contradict literally dozens of decisions that keep the federal judiciary away from state matters. The consequences of such a reversal would be far reaching.

Art