At times defensive and often accusatory, a feisty majority of the justices on the Florida high court demonstrated their continuing desire to rule in a manner that would aid Gore campaign efforts to overturn the election.
In a transparent attempt to
Time and again, questions were raised that were intended to elicit responses that could justify, under the guise of interpretation, more outright
To do so would again run afoul of the explicit language in Title III, Section 5 of the U.S. Code governing the selection of presidential electors.
This federal statute was enacted precisely to avoid the very post-election changes in law contemplated now – and contained in the vacated
In essence, notions of fairness dictate that rules should not be changed after the game.
However, this is exactly what Gore is seeking to do and what the Florida Supreme Court seems poised to attempt yet again.
Perhaps, just perhaps, this court might be concerned enough with its tarnished reputation that it will refrain from its typically activist (read: left-wing) penchant to legislate the imposition of its will from the bench.
Mindful of another embarrassing repudiation by either the U.S. Supreme Court, the 11th U.S. Circuit Court of Appeals – which is poised to hear further constitutional argument should the "hand count" issue be deemed ripe, or the Florida Legislature in fulfillment of its constitutional prerogative to protect the state’s electoral votes, maybe the Florida Supreme Court will rein itself in.
That’s a great deal of "incentive” to consider.
But will they consider it?
Can they even help themselves?
Their reputation for mischief and arrogance precedes them, which may be the best indicator of all.
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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, 8:05 a.m. – WOND radio in Atlantic City, N.J.
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