To: pater tenebrarum who wrote (46390 ) 12/12/2000 6:27:54 AM From: PMG Read Replies (1) | Respond to of 436258 Heinz, thanks... I only try to show that the case can be viewed differently.... <<<the court is however not supposed to make up laws of its own...which is what the comment was directed at. the article cites specifically what constituted the infringement...i quote from Epstein:>>> §168 of whatever piece of code gives a right to contest the certification. If successfully contested, it seems, this right may not be rendered useless by a deadline given before the decision about the contest... <<<<"...the most recent Florida Supreme Court decision represents an inexcusable flip-flop from its first decision. That case had stripped the discretion on allowing manual recounts from Katherine Harris, the secretary of state, and vested it in the individual canvassing boards. >>> As a matter of fact, if the state officials' certification is contested successfully (like a tax bill) they are supposed to correct it. <<<This decision, which was not explained or justified the second time round, was plainly at odds with Florida law, which orders the canvassing boards to finish any recount within a week, but allows the secretary of state to extend the period. The Florida Supreme Court twisted it so that the boards had the discretion to extend the count, but denied the secretary of state any right to interfere with their activities. And functionally, the 4-3 decision on Friday extended that deadline once more--again without any explanation. ">>>> again, the extension of the deadline is necessary and legal because otherwise any contest of the prior authorities' decision would be rendered meaningless. <<<i quote because i'm sure a professor of law knows more about it than i do....all i have personally very little doubt about is that the Fla. Supreme Court is a partisan and activist court with liberal leanings. that doesn't mean that their decisions regarding the recounts are necessarily wrong, only that they had to be expected. >>> don't know... <<<even Milosevic wanted a recount in Yugoslavia...it's a well-worn tactic, used by losers of closely contested elections all over the world...>>> are US courts criminal? in dubio pro reo! <<<note: one issue i have is that initially, machines were counting ALL the votes. if these machines for some reason are prone to error, error should be distributed evenly among the candidates, not favoring one over the other. it is quite a hoot that the recounts by hand are supposed to do just that... >>> This is a good idea as long as the error is evenly distibuted among all candidates. If so, a recount won't change results.