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


To: Neocon who wrote (284846)8/8/2002 2:21:42 PM
From: G_Barr  Read Replies (1) | Respond to of 769670
 
The issue in this case was the certainty of establishing more liberal standards in Democratic counties, to cull more Gore votes.

While such would comport with precedent, it was not established or the basis of the opinion.

Similarly, the purposeful discrimination about the outcome is inherent in allowing the various counties to tailor their own rules.

Again, there was no showing of purposeful discrimination in making such rules. Remember, under the pre-recount statute the counties had the ability to set its own rules and hence would have also violated such a rule. However, it has always been the case that one needs to show more than a system might lead to discrimiantion.

Scalia has not said that he would only judge as the court would have at the time of the Constitution, statute, or amendment, but that he would be bound by the actual wording of the text, such material as might clarify intent, and reasonable inferences derived therefrom in applying the law. As it happens, a reasonable body of precedents have been developed in election matters, and he followed them, as amplifications of the 14th amendment.

Scalia can't have it both ways. The text of the statute would support protection based on gender, sexual orientation, wealth or any classification. As such, when the text doesn't give an answer Scalia says we must look to the text and he thus have opposed applying protection sexual or other discrimination, even where there has been established precedent. It is simply not honest to say we must follow history in some cases and in others just point to precedent. This is why one of the resons Scalia's philosophy have never been taken too seriously.