-Caveat Lector-
http://www.bostonherald.com/news/opinion/edta11252000.htm
Supremes get in: We should've known
A Boston Herald editorial
Saturday, November 25, 2000
The bombshell agreement by the U.S. Supreme Court to hear one of
George W. Bush's appeals seems inevitable in retrospect, given
the heavy involvement of all sorts of courts in the Florida
voting mess.
It's always difficult guessing how the justices are going to
approach the issues involved.
One clue may be the 5-4 decision that rebuffed the New Jersey
Supreme Court's attempt to declare the Boy Scouts a ``public
accommodation.'' This shows a great reluctance to approve
off-the-wall usurpations by judges of the law-making job of
legislatures.
That could be good news for Bush's attempt to overturn the
Florida's Supreme Court's refusal to abide by state law that set
a deadline for completing manual recounts. The Florida judges had
to ignore the fact of life that to finish a recount in time, you
have to start it in time.
Florida's hand recounts of punched ballots are very troubling.
When a majority of the recount officials are members of the party
seeking to gain votes, and they know how many votes their
candidate needs to win, and disputes about dimpled chads are
settled by party-line votes of those officials, and standards for
judgment of voter intention have changed three or four times, no
one can have confidence in the result.
Just handling the ballots may force some chads out of the paper.
If that resulted in two apparent votes for one candidate, an
originally valid ballot would not be counted. Counting dimples
seems almost guaranteed to yield some votes for candidates from
voters who actually were changing their minds at the last
millisecond. A machine recount has one great virtue: Any mistakes
the machine makes are made without bias.
If the recounts end up with Bush the winner of Florida, and the
Florida secretary of state so certifies him tomorrow night, Bush
may not want to withdraw his case from the U.S. Supreme Court.
Gore has said he will use the Florida procedure to contest
elections after results are certified. Of course if Gore is the
certified winner, Bush could use the same procedure. Definitely
don't look for him to withdraw from the Supreme Court then.
Al Gore should have yielded before now. But he did say he would
``do anything'' to win. The country is living out the
consequences of that fanaticism.
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