Re: OT: Civil War Narrowly Averted in Schiavo Case

"Bob Monsen" <rcsurname@xxxxxxxxxx> wrote in message
news:pan.2005.04.08.05.21.38.364463@xxxxxxxxxxxxx
> On Thu, 07 Apr 2005 19:25:51 +0000, Mark Cook wrote:
>
> > "Bob Monsen" <rcsurname@xxxxxxxxxx> wrote in message
> >> I don't want to get into a brawl here, but analysis after the fact of
> >> the 2000 election pointed out that Gore would have won Florida had the
> >> US supreme court not overruled the Florida supreme court.
> >
> > That is what the media would like for you to think, but if you check out
> > the NORC, you will find that they did not check all of the disputed
> > ballots. There were as many as 179,855 disputed ballots, the NORC
> > checked 175,010 of those ballots. A partial recount by the media does
> > not prove Gore would have won.
> >
> It also doesn't prove that he would not have.

You are completely missing the point of the study. It was not to prove who
won or lost, it was to study the problems with the voting systems used in
the state.

Gore could win all of those "counting scenarios", but that would NOT have
proven that he won because those scenarios MUST be in compliance with 3
U.S.C. section 5, or they would have been disqualified by the US House.

Bush won under the existing laws of the state of Florida, thus those were
the legal slate of electors. The recount as ordered by the Florida Supreme
Court violated 3 U.S.C. section 5, thus if that count would have been
allowed to continue, the results would have been invalid.

> The point is that the
> Supreme Court stepped in, against all expectations, to overturn the
> Florida Supreme Court.

As they should have. The Constitution does not allow for a state court to
rewrite state election law, that is a violation of Article II of the US
Constitution.

> Read the minority opinion. Here is a quote:

Is this the same dissent who believed that two idential ballots from
idential machines do not mean the same thing?

> "What must underlie petitioners' entire federal assault on the Florida
> election procedures is an unstated lack of confidence in the impartiality
> and capacity of the state judges who would make the critical decisions if
> the vote count were to proceed. Otherwise, their position is wholly
> without merit. The endorsement of that position by the majority of this
> Court can only lend credence to the most cynical appraisal of the work of
> judges throughout the land. It is confidence in the men and women who
> administer the judicial system that is the true backbone of the rule of
> law. Time will one day heal the wound to that confidence that will be
> inflicted by today's decision. One thing, however, is certain. Although we
> may never know with complete certainty the identity of the winner of this
> year's Presidential election, the identity of the loser is perfectly
> clear. It is the Nation's confidence in the judge as an impartial guardian
> of the rule of law."
>
> "I respectfully dissent."


.

Relevant Pages

  • Re: OT: Stolen Election? (Rolling Stone Article)
    ... by which the majority tricked the Florida Supreme Court, ... the order from the US Supreme Court did not end the dispute. ... Of course, you can ignore history, but the facts still show that Gore ... picking a president when an election is in dispute, scholars say, ...
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  • Re: Head JEW in Connecticut-done on Tuesday.......
    ... Supreme Court really didn't steal the election for Bush? ... How does Gore win the white house in Congress? ... They would have had no choice if the recount ordered by the Florida ...
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  • Re: OT: Civil War Narrowly Averted in Schiavo Case
    ... >> the 2000 election pointed out that Gore would have won Florida had the ... >> US supreme court not overruled the Florida supreme court. ... > not prove Gore would have won. ...
    (sci.electronics.design)
  • Re: OT: Civil War Narrowly Averted in Schiavo Case
    ... >>> vote, they vote for the people who vote. ... >>> election due to quirks in the law, and a few friends in high places. ... > supreme court not overruled the Florida supreme court. ...
    (sci.electronics.design)
  • Re: How I Use Obama: NBC
    ... Supreme Court never gotten involved and the initial recounts ordered ... the only chance Gore really had was ... and unanimously vacate the original Florida Supreme Court's ruling. ...
    (rec.music.artists.springsteen)
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