| |
In lugnet.off-topic.fun, Dave Schuler writes:
> The High court has just announced that the deadline for certification in
> Florida does *not* need to be extended, in essence scoring a sizable victory
> for Bush.
>
> Gore, in response, has asked for a recount of the nine justices' opinions.
Grin.
FUT .debate, this is debate fodder if anything is.
Well I just read the entire USSC opinion (you can get to a .pdf of it on the
CNN site) and I am not sure I agree.
My take on it is that the supremes feel that the Florida Supreme Court (FSC)
didn't do a very careful job in crafting an opinion, and have asked for
specific FSC clarification of FSC thinking on certain points (how the FL
constitution circumscribes FL Legislative power to regulate elections, if at
all, and whether the court considered article 2 of the US constitution very
thoughtfully in possibly overturning FLL regulation via statute of the
election), and has vacated (cancelled) the opinion of the FSC pending the
FSC carrying out a more thoughtful review.
This has the EFFECT of overturning the FSC opinion for now but only for long
enough for the FSC to carry out that review. Were I dubya I wouldn't be
partying too hard. You can be sure that lots of Amicus Curae will be filed
to help the FSC clarify their thoughts, formally or informally.
What I find *hilarious* is that the USSC is basically saying to the FSC,
"you didn't do your homework, you haven't done your critical thinking, try
again!" which is a very great insult when said by one lawyer to another. One
which the FSC had coming, in spades, I think.
And one that I found doubly ironic given the events in our tiny little pond
of .debate of late. :-)
Once that rewrite happens, it goes back to the USC for the USC to pass
judgement on the federal questions raised.
(Read the last para or two of the USSC opinion just handed down and see if
you don't agree with my interpretation of it.)
Note also that the opinion is unsigned. see:
http://www.law.cornell.edu/lexicon/percuriam.html in which definition of Per
Curiam (an unsigned opinion of the whole) is given. I wonder why they did
that? Could it be that they consider accusing the FSC of cluelessness is
noncontroversial <grin>?
Disclaimer, IANAL.
++Lar
|
|
Message is in Reply To:
 | | Supreme Court Has Spoken!
|
| The High court has just announced that the deadline for certification in Florida does *not* need to be extended, in essence scoring a sizable victory for Bush. Gore, in response, has asked for a recount of the nine justices' opinions. Dave! (24 years ago, 4-Dec-00, to lugnet.off-topic.fun)
|
2 Messages in This Thread:
 
- Entire Thread on One Page:
- Nested:
All | Brief | Compact | Dots
Linear:
All | Brief | Compact
|
|
|
|
