"Because it is evident that any recount seeking to meet the December 12 date will be unconstitutional for the reasons we have discussed, we reverse the judgment of the Supreme Court of Florida ordering a recount to proceed. Seven Justices of the Court agree that there are constitutional problems with the recount ordered by the Florida Supreme Court that demand a remedy. .... The only disagreement is as to the remedy.
"Because the Florida Supreme Court has said that the Florida Legislature intended to obtain the safe-harbor benefits of 3 U. S. C. 5, Justice Breyer's proposed remedy remanding to the Florida Supreme Court for its ordering of a constitutionally proper contest until December 18 — contemplates action in violation of the Florida election code, and hence could not be part of an 'appropriate' order .... "None are more conscious of the vital limits on judicial authority than are the members of this Court, and none stand more in admiration of the Constitution's design to leave the selection of the President to the people, through their legislatures, and to the political sphere. On Fri, 11 Mar 2005 09:23:25 -0600, Jim Campbell wrote: > Sam, that's completely disingenuous; if the court had "no choice" then > it would have been a 9-0 decision; and if the law were "very clear", > there would have been no dissenting opinion. If the entire purpose of > the court system is simply to rubberstamp laws and never interpret the > application thereof, then I'd love to hear your opinion of why exactly > we should have them in the first place. > > "I can imagine when you'd want to mention things questioned by the people." > > Well, that's a start. > > - Jim > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Find out how CFTicket can increase your company's customer support efficiency by 100% http://www.houseoffusion.com/banners/view.cfm?bannerid=49 Message: http://www.houseoffusion.com/lists.cfm/link=i:5:150248 Archives: http://www.houseoffusion.com/cf_lists/threads.cfm/5 Subscription: http://www.houseoffusion.com/lists.cfm/link=s:5 Unsubscribe: http://www.houseoffusion.com/cf_lists/unsubscribe.cfm?user=11502.10531.5 Donations & Support: http://www.houseoffusion.com/tiny.cfm/54
