Ambiguity as legal decision making

Justin Schwartz jkschw at hotmail.com
Tue Dec 5 08:02:00 PST 2000


Perhaps, although remember the S.Ct is not unified. There is a minority of four that is probably pro-Gore (two of whom are Republicans,a nd appointed by Repubs). Btw, if the Florida S.Ct wanted to be fast about it, it could probably redo the decision in a day. I could write on this afternoon that fit the bill the Supremes demanded.

--jks


>
>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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