Despite a stunning rebuke by the U.S. Supreme Court, the Florida Supreme Court thumbed its nose again at the high court in a 4-3 decision ordering that hand counts begin throughout Florida.
Precipitating a constitutional crisis by placing Florida’s 25 electoral votes in jeopardy, the Kangaroo Court obviously asked "How high?" when commanded by Gore’s lawyers to jump.
Lawyers for the Bush campaign have already filed an urgent appeal to the U.S. Supreme Court and also to the 11th U.S. Circuit Court of Appeals in Atlanta, which may now rule on the issue of "hand recounts" after having previously declared the issue not ripe for consideration at that time.
Briefs totaling 130 pages have been filed overnight by the parties in the 11th Circuit case. Gore has until 7 a.m. Saturday to respond to the 11th Circuit motion. The 12 federal judges comprising this appellate panel are expected to issue some indication of their intent to proceed sometime today.
Additionally, U.S. Supreme Court Justice Anthony Kennedy – who has responsibility for responding to requests of the high court for injuctive relief in cases arising within the jurisdiction of the 11th Circuit – has been asked by the Bush campaign to issue an emergency injunction to halt all hand counts until a full hearing can be conducted by the nation's high court.
Also poised to act is the Florida Legislature, which officially opened a special session this morning for the express purpose of stepping in with legislative action to preserve the status of the state’s electors.
Left-wing media spin notwithstanding, the U.S. Constitution provides, in Article II, Section 1, that state legislatures are the exclusive branch of government for determining the selection of presidential electors.
Further, Title III, Section 5 of the U.S. Code provides that when the rules governing the selection of presidential electors are changed after a point six days before an election, such state’s electors are subject to challenge by the U.S. Congress when it meets in session (Jan. 6, 2001), to vote on accepting the results of the Electoral College.
Electors meet on Dec. 18 in each of the 50 state capitals to cast their respective states’ electoral votes.
While Florida has already forwarded its official Certificate of Ascertainment to the National Archives in Washington awarding its electoral votes to George W. Bush, the confusion created by the Florida high court could well place these votes in serious doubt.
As the state of Florida begins massive hand recounts, the state of the U.S. Constitution has been shaken by the misguided actions of a left-wing court run amok.
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Dan Frisa represented New York in the United States Congress and served four terms in the New York State Assembly.
• Dec. 8, 8:00 p.m. – KUCI radio in Irvine, Calif.
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