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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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Unfortunately | 155 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Unfortunately
Authored by: eric76 on Wednesday, August 22 2012 @ 07:10 PM EDT
Is that what they ruled?

They could have counted those votes 100 times and not gotten a decisive answer.

What would you have suggested? That we appoint an Interim President to take
over for five to ten years while the courts heard lawsuit after lawsuit after
lawsuit about how to count those votes?

All in all, the vote WERE counted and a winner declared. It would have done
nobody any good to drag it through the courts for a decade.

[ Reply to This | Parent | # ]

Unfortunately
Authored by: Anonymous on Wednesday, August 22 2012 @ 10:00 PM EDT
Let us start with the most basic of all facts. That was 12 years ago. You lost.
Newspapers eager to show that you should have won, financed their own
"recounts" and discovered that even if you got what you would have
wanted, you still would have lost. Stop acting like SCO and get over it.

Unnoticed by many was the fact that in a virtual tie, which is what this was,
the tie breakers ( Florida state assembly, house of Representatives ) were all
favorable to Bush.

Also, ignored by most was the deplorable behavior of the Florida Supreme Court,
overturning rulings by highly Democratic judges, then when the Supreme Court
overruled them, blowing of the Supreme Court. As was noted by Justice O'Connor
during oral arguments. The same Justice that Democrats implored to return to the
SCOTUS when Alito was nominated. Deplorable behavior the highly partisan Chief
Justice of the Florida Supreme Court noted in his defense.

The second ruling od SCOTUS can be viewed as a decision not to allow a loose
cannon Florida Supreme Court to blow them off again. This was my impression at
the time, and continues to be my impression. A few years after the ruling, I
seem top remember a book by a highly respected Appellate Court judge that agreed
with that impression. What was his name again. Oh yeah. Richard Posner.

The Reluctant Republican




[ Reply to This | Parent | # ]

Unfortunately
Authored by: micheas on Thursday, August 23 2012 @ 05:39 AM EDT

You miss read the law.

The two most important things:

  1. That there is an answer so that we can have a government.
  2. That every franchised voter had an equal chance at having his/her/its vote counted.

The idea that an equipment failure and lack of funds resulted in only the even numbered ballots being counted may or may not be found to be a legitimate election, and you can make strong arguments for both sides of that hypothetical election based on existing case law.

[ Reply to This | Parent | # ]

  • Unfortunately - Authored by: Anonymous on Thursday, August 23 2012 @ 06:46 AM EDT
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