Ambiguity as legal decision making

Barry Rene DeCicco bdecicco at umich.edu
Tue Dec 5 06:10:36 PST 2000


As I understand it, the immediate effect of the Federal SC decision 'vacating' the Florida SC ruling was to overturn it. Even though the Federal SC didn't actually overturn it, it is now null and void.

Theoretically (as I see it) the Florida SC is to re-do their decision, and hand it back to the Federal SC. However, there's only two weeks or so until the Electoral College and Congress actually elect the president. After this, Gore will be in a politically untenable position. I'm sure that the Federal SC has a couple other stalling (forever) tricks after that.

It's actually a clever trick. For practical purposes, the Federal SC has helped Bush, but they've got a smoke screen of impartiality.

Barry



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