Ambiguity as legal decision making

Nathan Newman nathan at newman.org
Mon Dec 4 13:25:16 PST 2000


----- Original Message ----- From: "Justin Schwartz" <jkschw at hotmail.com>


>Charles, et al, are dead on. Why _did_ the Supremes take this case if this
>is all they had to say? --jks

I think the conservatives wanted it, but then realized if they issued a 5-4 decision, the Court would enter the delegitimacy demolition derby.

So they kicked it hoping that by the time all the other issues involved in the contest fights get back to them, they can pick up a couple of the liberals

That's my theory at least- the conservatives obviously delivered a partial propaganda win for Bush, so they got a small gain politically from taking the case rather than just upholding the Fl SC.

-- Nathan Newman



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