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

To: Neocon who wrote (118041)	12/20/2000 8:05:13 AM
From: Tom Clarke	Read Replies (1) \| Respond to of 769667

The Dem riposte to that repost will be, "We need to count all the votes, plus Gore won the popular vote."

To: Neocon who wrote (118041)	12/20/2000 8:13:02 AM
From: mst2000	Read Replies (1) \| Respond to of 769667

Two things - only 3 justices expressed doubts at all on the right og FSC to intervene. The other 6 clearly held that it was appropriate even if two disagreed with the final outcome of the FSC decision on equal protection grounds. So that statement is flat out false. Second, and more importantly, what you describe as "equity considerations" were held by 6 of 7 justices of the FSC to be statury requirements adopted by the FSC -- the system the FSC created to select electors included a contest provision. Clearly, a bona fide dispute under that contest provision still existed when the Supreme Court exercised federal judicial authority that did not exist to intervene. So in essence, you had to weigh a legislative preference for ending it before "safe harbor" day, and a legislative preference for getting the result right. In the end, the calendar won out over the correct result (or. more accurately, we'll never know because the calendar was used an excuse to abort a legitimate contest that was well on the path toward producing a more accurate result). I suspect if it were GOP votes that were left on the counting room floor, uncounted, and Gore had won thanks to a liberal Supreme Court decision aborting a recount asked for by Bush on the grounds that the federal judiciary had the right to intervene, you would be howling like a stuck pig.