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To: Joe NYC who wrote (22152)	12/11/2000 4:56:39 PM
From: dougSF30	Read Replies (1) \| Respond to of 275872

Joe, regarding the justices: I'm beginning to think we weren't listening to the same proceedings. There is NO WAY that Souter, Bryer, Ginsburg or Stevens would vote to stop the count. Even Kennedy and Rehnquist seem amenable to counting all the votes (shocking, counting all the votes). Rehnquist asked at one point: "It's my understanding that they granted the count in Dade, but threw in the whole state to be fair to Governor Bush-- is that right?" What DID seem clear, was that the justices asked ALL the attorneys (including the dumb ss Klock who couldn't get their names right) this question: What is YOUR opinion of what a fair standard is?* They did not let any of them avoid the question. To me, that suggests where the majority is going: The recount must continue, for to not count all votes would violate the 'smell test' in a democratic republic. To appease Kennedy and Rehnquist, we might set, or direct to be set, a more specific standard (even though we shouldn't since this is 'making new law'). O'Connor might join with this. Even Thomas might join, if Rehnquist writes the opinion. Scalia is probably a lost cause. His hypocrisy is astonishing, and the liberal justices will be citing any dissent he writes in this case for YEARS to come. At least he managed to make a fool of himself during arguments with Boies, where he demonstrated he didn't understand the difference between the protest and the contest, and the role of certification therein.