kickycan wrote:I predict Bush will be elected by supreme court decision again. LOL
Sorry, kickycan, but I just can't buy that whine. The way I figure it, the Democrats engineered their own defeat. Gore's own lawyer, David Boies, set the stage for the Florida flap. With the knowledge and assent of both Gore and the DNC, Boies' initial request was for hand recounts in only 4 of Florida's 67 counties - counties by the way not likely just coincidentally Florida's traditional top Democratic stongholds. This guaranteed Supreme Court intervention, as Federal Election law prohibits subjecting ballots to different levels of scrutiny and each of the counties had their own individual protocols and standards for recounts - wholly apart from the fact that once the recount process actually had begun, established standards were changed or modified in mid-count. Then too, the "Equal Scrutiny" requirement was doubly unmet; first, the applicable law plainly is recount them all or recount none, second, all must be recounted in precisely the same manner and to the same standards according to protocols in place prior to the commencement of the recount. Finally, and perhaps terminally, the perhaps-only-coincidentally-but-none-the-less-in-fact Democratic-appointed Election Officials in the 4 selected counties assayed to "Determine the intent of the voter", an excersize embued firstly with neither precedent nor clear rationale and secondly succeptable to partisan manipulation. There is no provision under law by which to determine what might or might not have been the intent of a voter. This is not to say there was or would have been impropriety; merely that sufficient opportunity for same existed as to render the recount potentially subjective, therefore illegal.
There were two relevant Supreme Court decisions in the matter; a 7-2 ruling the recount procedure as applied violated Federal Election Law, and a second 5-4 decision that rejected an extension of the Dec. 18th National Elector Certification deadline in order to accommodate a statewide recount under a uniform standard. Under Article II, Section 1 of The US Constitution, " ... Each state shall appoint, in such manner as the Legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress ... ", and " ... Congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the United States ... ", responsibilty devolved to the Florida State Legislature to certify the electors per the officially recorded general election results.
Had Boies and The Democrats initially sought a statewide recount, including all absentee ballots, and had that recount proceded, and been conducted under uniform standard and protocol, without possibility of or allowance for subjective judgement on the parts of those conducting the recount, the matter would not have given cause to come under the scrutiny of the Supreme Court. Of course, such an approach would have opened the Gore tally to significant, likely unacceptable, risk. Alternatively, action could have been brought to invalidate Florida's electors as a body, removing Florida from the Electoral College equation. Determining early on such action had essentially no documentable foundation or prospect of success, apart from the fact had such action succeeded it would not have rendered the victory to Gore but rather, as no majority of the mandated 538 Electoral College votes would have been cast for either candidate, let alone the majority +1 (538/2=269+1=270 votes required to elect) as required, in accordance with the US Constitution the Election Result would have been determined by roll-call vote in The US House of Representatives, Boies, Gore & Democratic Party, et al, chose instead to pursue the limited recount avenue, which was held, 7-2, to be Unconstitutional.
All of this, of course, stands with the facts Republican candidates for statewide office did well in 2000, and 2 years later, Republican Jeb Bush handily, arguably by landslide magnitude (57-43) defeated DNC-handpick Bill McBride, becoming in the process the first Republican ever re-elected to the Florida Governorship, Republican Katherine Harris was elected to Congress by a comfortable margin, and longtime Attorney General Democrat Bob Butterworth fell to his Republican challenger in convincing manner. Of course, that other members of the same party did well in an election does not say the candidate at the topf the ticket necessarilly would have won, but it does give pause for thought.
Then there was the NORC/University of Chicago/Washington Post/CNN/New York Times 6-month-long collaborative study which concluded, somewhat to the dismay of some of its sponsors,
Florida recount study: Bush still wins
The way I see it, what happened in 2000 is that The Democrats were prevented from stealing the election.