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Politics : Politics for Pros- moderated -- Ignore unavailable to you. Want to Upgrade?

To: Carolyn who wrote (80545)	10/25/2004 3:41:46 PM
From: Ilaine	Read Replies (1) \| Respond to of 793917

Let's hope Rehnquist is back on the bench by November-December. Bush vs. Gore split 5-4 against Gore, but 7-2 on the question of the Florida recount. Rehnquist/Scalia/Kennedy/Thomas/O'Connor were the five. Souter and Breyer both thought that there should be a recount, but the way it was going in Florida was unconstitutional. Breyer is the one I agreed with, that it should be remanded to recount the entire state, but using an objective standard. Please don't tell me this isn't consistent with the Florida law, I know that. But in a federal election the Constitutional guarantees of equal protection and due process trump state law when it comes to counting votes. If they had recounted using Breyer's objective standard, Bush would have won, but nobody knew that at the time. Florida law is much like that of other states - when the vote is very close the loser can demand a recount. If we have another close vote, it would have been nice if Breyer's directive was already in place. Recount the entire state, don't just cherry pick your best counties. And don't use subjective standards, trying to divine voter intent. Just count real, completed votes. A hanging chad is a vote. A dimpled chad is not. What's so hard about that?