Analysis: Justices Focus on How Long Recount Can Go On

In other words, how long can the fraud go on.

This may indicate an inclination of the majority to include the unfairly selected hand recounts in the total, thereby giving the election to Gore.

However, it may not.

Why? Because such a proceeding, like any judicial hearing, is a colloquy between those who must decide and those who have a view of how they should decide. Judges often ask hard questions they don't know the answers to, leaving alone areas in which their minds are resolved. These seven jurists may decide this case on points of law and fact they never raised today, totally unrelated, then, to the questions they asked.

The conventional wisdom in the immediate aftermath of this extraordinary proceeding is that the justices conveyed the notion that they are going to rule for Al Gore. Poppycock.

I have argued in trial and appellate court settings, convinced as a participant that I had no chance of winning. I have won. Similarly, the difficulties given my opponents by the court have convinced me I could not lose. And I have lost.

Nothing I saw today convinced me otherwise.

But this I do know for sure. The reason President Lincoln created Thanksgiving – for a national day of prayer – is true this week more than ever.

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