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


To: mst2000 who wrote (118127)12/20/2000 11:56:25 AM
From: Neocon  Respond to of 769667
 
You are quite wrong. This is what the majority opinion said:

"The Supreme Court of the State of Florida has said that the legislature intended the State's electors to participate fully in the federal electoral process as provided in 3 U.S.C. section 5....That statute, in turn, requires that any controversy or contest that is designed to lead to a conclusive selection of electors be completed by December 12. That date is upon us....Because it is evident that any recount seeking to meet the December 12 date will be unconstitutional for the reasons we have discussed, we reverse the judgment of the Supreme Court of Florida ordering a recount to proceed.

Seven justices of the Court agree that there are constitutional problems with the recount....The only disagreement is as to remedy. Because the Florida Supreme Court has said that the Florida Legislature intended to obtain the safe harbor...Justice Breyer's proposed remedy, remanding to the Florida Supreme Court for its ordering of a constitutionally proper contest until December 18, contemplates action in violation of the Florida election code, and hence could not be part of an 'appropriate ' order authorized by Fla. Statute 102.168 (8)...."

I am sorry to take so long, but I had it in a pdf file, and was copying manually.....



To: mst2000 who wrote (118127)12/20/2000 12:14:08 PM
From: Neocon  Respond to of 769667
 
The opinion quoted was the Per Curiam opinion,which is the opinion "for the court". It is the minimum that the five voting to halt the manual recount agreed upon, though some wanted to go further. It provides the rationale for refusing to remand. Also, by the way, the reason it was unsigned is that it was not per se a concurring opinion in a ruling, but was the body of the ruling..........