Ambiguity as legal decision making

Charles Brown CharlesB at CNCL.ci.detroit.mi.us
Mon Dec 4 09:49:22 PST 2000


Fools rush in where angels fear to tread.

CB


>>> seamus at accessone.com 12/04/00 11:57AM >>>
[this is priceless. if any of us had written this stuff as an answer to an exam question we would have flunked. no wonder they didn't sign it.]

December 4, 2000

Supreme Court Sets Aside Florida Supreme Court in Ballot Case By THE ASSOCIATED PRESS

WASHINGTON (AP) -- The U.S. Supreme Court set aside the Florida Supreme Court decision on Monday that had let hand-counted ballots narrow George W. Bush's lead over Al Gore in the state that will decide the presidency.

In an unsigned decision, the justices said there was uncertainty about the Florida court's grounds for issuing its ruling that allowed hand-recounted votes to be added to the total.

"This is sufficient reason for us to decline at this time to review the federal questions asserted to be present" by Bush's appeal, the justices said.

"After reviewing the opinion of the Florida Supreme Court, we find that there is considerable uncertainty as to the precise grounds for the decision," the court added.

Bush lawyer Fred H. Bartlit said he had not yet seen the ruling but was familiar with it. "Apparently what they said as near as we can make out is that they can't figure out what the Florida Supreme Court based its decision on, whether Constitutional grounds or Florida state laws." http://www.nytimes.com/2000/12/04/politics/05CND-VOTE.html



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