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


To: Ellen who wrote (110991)12/11/2000 4:55:04 PM
From: HighTech  Respond to of 769670
 
. Justice Scalia's concurrence to the stay order and grant of review
noted that the Bush team had shown a "substantial probability of success."



That's not bias, that's a requirement of any grant of stay.

HT



To: Ellen who wrote (110991)12/11/2000 5:02:54 PM
From: maverick61  Respond to of 769670
 
Since when is the truth construed to be bias.

go crawl back under your rock Ellen



To: Ellen who wrote (110991)12/12/2000 5:21:42 AM
From: Zoltan!  Respond to of 769670
 
>>The Court's order treated the application for a stay as a petition for writ of certiorari.
The Court granted the petition, but has not yet formally delineated the issues that it
plans to address. Justice Scalia's concurrence to the stay order and grant of review
noted that the Bush team had shown a "substantial probability of success."


Don't you understand, Scalia was merely stating the law. That makes Dems so mad!



To: Ellen who wrote (110991)12/12/2000 6:58:44 AM
From: Ilaine  Respond to of 769670
 
In order to obtain a injunction, in this case an emergency injunction prior to a hearing, the petitioner must show two things: 1) that if the injunction is not granted, he will suffer irreparable harm; and 2) the likelihood that he will prevail on the merits.

Emergency injunctions are garden-variety equitable remedies that any court can grant if the two prongs of the test are met. Both parties had fully briefed the issues below, and there had been a record developed, so the United States Supreme Court wasn't looking at this without a record.

That means that the facts have already been decided, and the United States Supreme Court merely has to decide whether the law was properly applied to the facts.

It is very hard to get an emergency injunction. The fact that the emergency injunction was granted, especially under these extraordinary circumstances, makes it a virtual certainty that the Court will rule in Bush's favor.

The most favorable ruling to Gore would be that the recounts resume using an objective standard.