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Strategies & Market Trends : Zeev's Turnips -- Ignore unavailable to you. Want to Upgrade?

To: Bosco who wrote (356)	12/13/2000 8:05:46 AM
From: Carl R.	Read Replies (2) \| Respond to of 644

It was interesting for me to see so many of my "random" thoughts appear in the dissents at both the US and Federal levels. It was unfortunate (in my opinion) that they were in the dissent and not the majority. LOL In my opinion it would have been much better for everyone's opinion of the courts if the final blow to Gore had come from the Democrat Florida Court, or if the final blow to Bush had come from the Republican USSC. As I said about this latest outcome, in my opinion the Florida decision was not a good decision from a legal standpoint, and there were certainly some equal protection questions. Nevertheless the questions were primarily state law questions and the FSC has the right to interpret them in "unusual" ways if they choose to. Once they enjoined the counting, I agree that the die was cast. Breyer's suggestion that they remand with instructions to issue some equal standards for counting would have been fine with me, and probably the best that could be hoped for. I think they should have also recounted Broward using those standards, though. Carl

To: Bosco who wrote (356)	12/13/2000 10:50:55 AM
From: SBHX	Read Replies (2) \| Respond to of 644

Bosco, Here's a thought. The gist of the ruling is : 7-2 : There's a constitutional problem with the recount. Redo the recount with clearly a defined standard. (Remember Souter's line of questioning, about the proper procedure for FSC to consult with Florida's Secretary of State on establishing a standard?) 5-4 : The right solution is to redo the recount with clearly a defined defined standard after a proper process, but the deadline is Dec12, and there is no time left. You have 30 minutes, we don't think it can be done. So there. --- I can't help but think that if Gore had not been so successful in the protest phase and got the FSC to extend the deadline (USSC's 1st constitutional red flag) beyond Nov14th. He would have between Nov21st to Dec12th to have a proper process in the contest phase where the USSC probably would ask the FSC to work with the Florida Legs and Execs institute such a standard, and proceed with the recount. And it would have been completed before Dec12!. Perhaps the 5 justices have a dark sense of humor after all. The term poetic justice comes to mind somehow. In fact, without the 1st redFlag of the FSC extending the deadline (overruling the executive and legislative branches of Florida state), perhaps the USSC would have little reason to step in at all. Here's an interesting article: my.money.net Actually I wonder if people have been too harsh on the Florida Executive and Legislative branches of govt, and especially Harris. I remember vaguely that the US constitution is made up of three pillars --- the Judicial, The Legislative and the Executive, and they were supposed to be co-equal. But somehow, everyone sort of initially placed the judicial in higher regard. Why is that? --- The only thing I miss about this is that I probably lost my most reliable buy&sell signals in a long time. Back to reading tea leaves and rolling dice. :) SbH