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


To: mst2000 who wrote (121455)1/9/2001 1:00:34 PM
From: Neocon  Read Replies (1) | Respond to of 769667
 
Souter said that the stay was wrong, because it might well have been worked out at a lower level, and relief could have been sought later. What he said about the equity issue is this:

C. It is only only the third argument before us that there is a meritorious argument for relief, as this court's Per Curiam opinion recognizes.

That, my friend, is a concurrence.



To: mst2000 who wrote (121455)1/9/2001 1:12:00 PM
From: Neocon  Read Replies (1) | Respond to of 769667
 
This is what Breyer said:

Part I-A-1

....The majority's third concern does implicate principles of fundamental fairness.....since the use of different standards could favor one or the other of the candidates, since time was, and is, too short to permit the lower courts to iron out significant differences through ordinary judicial review, and since the relevant distinction was embodied in the order of the State's highest court, I agree that, in these very special circumstances, basic principles of fairness may well have counseled the adoption of a uniform standard to address the problem.

Yet again, partial concurrence!



To: mst2000 who wrote (121455)1/9/2001 1:16:22 PM
From: H-Man  Read Replies (1) | Respond to of 769667
 
You said: What law school did you go to? The Rush Limbaugh School?
Seems like a personal attack to me. You distorted your own post.

If Souter did not think that it was unconstitutional, He would not have suggested a remand. He would have written to uphold FSC.

If there was no constitutional problem why remand ? Makes no sense.



To: mst2000 who wrote (121455)1/9/2001 2:00:27 PM
From: H-Man  Respond to of 769667
 
Addendum: I have exposed your spin. My job is done. I will leave it to the good people of the thread to decide for themselves who is FOS or not.