Tags: Sec. | State's | Decision | May | Ignite | Storm

Sec. of State's Decision May Ignite Storm

Monday, 13 November 2000 12:00 AM

A United States Supreme Court Justice, when pushed to define what is "a denial of due process", said: "You can't really define it, except that when you see it it makes you want to throw up."

Some judge somewhere, probably ultimately the Florida Supreme Court, is going to get to review this move by the Secretary of State, and they will likely throw up. The Florida Supreme Court is liberal, and their gag threshhold is notoriously low.

I know that the folks working for the Florida Secretary of State say the word "shall" in the certification statute eliminates any discretion, but in 1990 I litigated that very issue, over the meaning of the word 'shall'.

The judge said 'shall' was not a mandatory verb, even though I had an expert linguist expert saying it is the most mandatory verb in the English language. Folks, this is called "judicial activism," which is something Bush wants to stop in the federal judiciary.

Additionally, the move by the Republican Secretary of State serves to delegitimize Bush's potential presidency.

This move rivals and may surpass any of the stunts pulled by the Gore squad.

It is abhorrent because it says to Florida and America voters basically this: It doesn't matter how may votes were cast for the candidates, I'm going to impose a time deadline before anyone determines how those votes should be counted.

Look for this move by the Secretary of State to ignite the powder keg. It may backfire – big time.

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A United States Supreme Court Justice, when pushed to define what is a denial of due process , said: You can't really define it, except that when you see it it makes you want to throw up. Some judge somewhere, probably ultimately the Florida Supreme Court, is going to...
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2000-00-13
Monday, 13 November 2000 12:00 AM
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