Re: Supreme Court didn't step in; election still an embarassment
Posted May 1, 2003 21:01 UTC (Thu) by ffeirtag
In reply to: Re: Supreme Court didn't step in; election still an embarassment
Parent article: DARPA Cancels OpenBSD Funding
>>The Supreme Court decided to step in to avoid a Constitutional crises
>This is a misstatement. The Supreme Court's decision was not to act.
>The Court was petitioned to order Florida officials to recount votes.
>The Court denied the petition, leaving interpretation of election
>laws up to Florida.
Even though this thread is off topic, I can't believe this posting, which
is so utterly wrong, has gone unchallenged.
Far from deciding "not to act," in
The majority wrote:
"The judgment of the Supreme Court of Florida is reversed,..."
Dissenting, Justice Ginsburg wrote:
"Time is short in part because of the Court's entry of a stay
on December 9, several hours after an able circuit judge in
Leon County had begun to superintend the recount process."
Dissenting, Justice Breyer wrote:
"By halting the manual recount, and thus ensuring that the
uncounted legal votes will not be counted under any standard,
this Court crafts a remedy out of proportion to the asserted
harm. And that remedy harms the very fairness interests the
Court is attempting to protect."
"Dec. 8: The Florida Supreme Court orders manual recounts to begin in
Gore's election challenge and adds 383 votes to his total.
Dec. 9: Counting begins of 43,000 statewide "undervotes" and then halts
when the U.S. Supreme Court, divided 5-4, orders the manual recounts stopped.
Dec. 11: U.S. Supreme Court hears oral arguments on Bush's appeal of
Florida Supreme Court's decision ordering recounts.
Dec. 12: In late-night, divided opinion, the U.S. Supreme Court rules
Florida high court erred in its order for a further recount of contested
ballots. The justices send the case back to Florida but indicate there is
no time to fashion a new effort to pass constitutional muster, all but
assuring Bush of victory. Earlier, the Florida House approves 25 electors
pledged to Bush."
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