To: H-Man who wrote (121442 ) 1/9/2001 12:50:00 PM From: mst2000 Read Replies (4) | Respond to of 769667 What personal attacks? I said conservatives and Bush supporters are arguing that this was a 7-2 decision (when it is plainly, on its face, a 5-4 decision) because they are trying to make it seem like there was greater consensus than there actually was. You consider that a "personal attack"?? I repeat - Souter said that it was wrong to take the case and, having taken it erroneously, the Court erred further in how it decided the case. He addressed the equal protection issue only because the case was erroneously taken and, having made an erroneous decision to reverse the FSC, he believed that the majority should have addressed the equal protection problem that existed by virtue of inconsistent standards rather than putting a bullet in Gore's head (which is exactly what SCOTUS did). He would not have ruled the FSC's decision unconstitutional, however, notwithstanding his concern on the EP issue. That conclusion could not be more clear on the face of Souter's decision, and your asserting that I am "wrong" does not change that fact. He did NOT rule that the FSC acted unconstitutionally, and he did not concur in part with that part of the Per Curium opinion that held that it was unconstitutional. On that issue, the Gang of Five stands alone. So I do agree with you in one sense -- it is obvious from Souter's dissent what Souter was doing. It is most obvious in his official decision (and explanatory statement) in which he dissents from the Per Curium opinion without concurring in any part of it. But I will be glad to cite more text from the Souter's dissent and Breyer's dissent if you insist on continuing this botched argument that there was a 7-2 majority that ruled the FSC to have acted unconstitutionally. You got your President -- maybe next time, you'll actually elect him through the votes of millions of individuals, and not just the votes of 5 ideologically conservative Supreme Court justices. Probably not though.