Gore Is Toast

Gore henchman Mario Cuomo said "the ultimate authority is the courts." Well, that turns out to be wrong. The Supreme Court made it clear yesterday that the Florida Supreme Court, Cuomo’s "ultimate authority," had to reach a decision which recognizes that the final authority in choosing a president rests with the Florida General Assembly and the United States Congress.

Here, then, are two things that the Florida Supremes must consider as they try to rewrite their decision. First, Article II, Section 1, Clause 2 of the U.S. Constitution gives to the legislature of every state the power to determine how presidential electors are chosen.

In addition, there are federal laws that the Florida Legislature has to follow in choosing these electors. Basically, federal law says that the laws relating to a presidential election and choosing electors must be in place before Election Day and cannot be changed thereafter for that electon.

Extending the deadline for reporting a certified vote total so that extra votes can be counted is, as you might suspect, changing the law.

Now that the U.S. Constitution is back in the picture, it will be interesting to see what the Florida Supremes come up with.

Here’s a little "clip and save" for you. Use this during the next few years when your colleagues and friends start that "Well, Gore really won Florida, they just didn’t count all the votes" nonsense.

Two days – 22 hours of testimony – by experts from across the country tried to convince Florida Circuit Judge N. Sanders Sauls that Gore really won and all you have to do is just count all the votes. So, Sauls listens to the testimony, reads the law and comes up with this ruling.

"In this case, there is no credible statistical evidence and no other confident substantial evidence to establish by a preponderance a reasonable probability that the results of the statewide election in the state of Florida would be different from the result which has been certified by the State Elections Canvassing Commission. The court further finds and concludes the evidence does not establish any illegality, dishonesty, gross negligence, improper influence, coercion or fraud in the balloting and counting processes. ... In conclusion, the court finds the plaintiffs [Gore's team] have failed to carry the requisite burden of proof."

Does this need any amplification? I Don’t think so. This is a finding of fact on the part of the judge. He found no facts leading to a conclusion that Gore really won the election in Florida and all you have to do is just count the votes!

The judge heard the evidence; the Florida Supremes didn’t. Now the Gore lawyers will try to get the Supremes to rule that Judge Sauls was out of line – that he abused his discretion – in his ruling.

Gore lawyer David Bois obviously isn’t happy with Judge Sauls’ ruling. Standing before the media yesterday, he had to come up with something to show that Sauls was wrong. So, how’s this? "This ruling comes without the judge looking at a single ballot."

Yup, you got it. The judge’s ruling is illegitimate because the judge didn’t look at any ballots. We can hear the Florida Supremes now. Ruling vacated on account of "da judge not looking at dem ballots."

And, as if those kicks from the courts weren’t enough, Gore is still getting hammered in the polls. A poll by ABC News/Washington Post shows that a whopping 65 percent of Americans disapprove of the way Al Gore has handled the election battle. That's a 14 percent increase in his disapproval rating since two weeks ago.

That's not all. More and more Democrats are starting to desert him. George W. Bush is enjoying an approval rating of 86 percent from Republicans. But only 51 percent of Democrats approve of Gore.

Gore's ship is sinking. Yesterday's court decisions put two more holes in the hull. Smart Democrats will jump ship now and distance themselves from Gore to save some shred of respectability for their party (if that's possible). It's the dumb ones who will stick with Gore to the bitter end, and they’ll wind up going down with him.

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