Independent on latest election turn

Justin Schwartz jkschw at hotmail.com
Thu Nov 23 08:20:35 PST 2000


I agree with Nathan. I would be astounded if the S.Ct accepted this case. Btw, judges can't be expected to recuse themselves from ruling on matters of concern to political parties just because they were appointed by Presidents who belonged to such parties. That would leave the actions of parties unreviewable by courts. In any case that is not a personal conflict of interest. One has to trust (or not) that they will attempt to be fair. In my experience, they are pretty much able to do that with respect to this sort of thing. --jks


>
>Nathan:
> >I will be shocked if Rehnquist et al rule for Bush on this case. I
>suspect
> >their conservative judicial loyalties against federal judges
>investigating
> >voting rights abuses will trump their conservative partisan loyalties.
>
>-Well you didn't think it would go to the Supreme Court (see below). Didn't
>-you realize that both campaigns are like pools teaming with sharks? And
>that
>-the proximity of victory is like blood in the pool? I have to say the
>-Republicans have whipped themselves into Hezbollah mode (apologies to
>-Hezbollah).
>
>I didn't say that Bush wouldn't appeal to the Supremes. I said they
>wouldn't get involved in deciding the winner. (see below)
>And I still say they won't. They may not even accept cert.
>
> >The Republicans are likely to win because they have the Supreme Court,
> >Congress, the Florida legislature and executive. The Democrats just have
>the
> >Executive and the Florida Supreme Court. However, the Dems can
>fillibuster
> >in both the Congress and the Florida legislature.
>
>Maybe it will wander through the state legislature or the Congress, but in
>the end it will come down to votes. Neither the Congress nor the state
>legislature will come to a different conclusion than the vote total as
>deciding by the counties and the courts - who by statute have control of
>the
>protest and contest parts of the procedure. It is silly for the Bush
>people
>to complain about the involvement of the courts when the statute
>specifically mentions appeals to the courts to decide post-certification
>contests of the results.
>
>The media will try to declare the procedure over on Sunday night, so we
>will
>see if Gore has the will to file for a recount in Miami-Dada on Monday.
>But
>whether Gore gets the Presidency will depend on Gore and whether the votes
>show up in the recounts, not on the state legislature or Congress.
>
>-- Nathan Newman
>
>
> >----- Original Message -----
> >From: "Peter K." <peterk at enteract.com>
> >
> >>If the U.S. Supreme Court doesn't involve itself, I wonder if the
>Congress
> >>will toss its hat in the ring.
> >
> >The Supremes won't and neither will Congress.
> >
> >The one alternative, though, is that the GOP-controlled state legislature
> >will override any decision of the Florida Supreme Court and will appoint
> >their own set of electors, a possibility seemingly provided for in
>federal
> >law covering the electoral college. That will deliver the Presidency to
> >Bush, but all partisan hell will break out in Florida and nationally.
> >
> >-- Nathan Newman
>
>
>
>
>

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