Independent on latest election turn

[Justin Schwartz]

OK, I'm astounded. So much for the new federalism, eh? I suppose this means 
that the Supremes are giving serious thought to reversing the Fl. S.Ct. 
Whether they will do, we will see--pretty soon. It takes 4 to grant cert, 
but 5 to win. My friend who is clerking for Scalia must be having a blast. 
--jks
.
>
>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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