@Thomas,
Bush v. Gore wasn't about the election; it was about the rights of Citizen George W. Bush under the 14th Amendment of the US Constitution vs the decision by the Florida State Supreme Court to halt the vote count and find a remedy to what was agreed by all was, at that time, an impasse.
Now if you were a betting man, Thomas, based on all of the previous decisions by Rehnquist, Scalia and Thomas, how would you guess they would decide a case pitting the powers of a State to run it's own affairs versus the intrusive power of the US Supreme Court to essentially decide whether that State's Supreme Court had faithfully followed the will of that State's Legislature?? These are the three most enthusiastic protectors of States' Rights for the past one hundred years.
Wowza~~
They wrote that the 14th Amendment should prevail. They must have seen or read something we didn't.
Geffory Stone, from the Unviersity of Chicago wrote:
Quote:No one familiar with the jurisprudence of Justices Rehnquist, Scalia, and Thomas could possibly have imagined that they would vote to invalidate the Florida recount process on the basis of their own well-developed and oft-invoked approach to the Equal Protection Clause.
Harvard University law professor Alan Dershowitz, was a little more direct writing:
Quote:[T]he decision in the Florida election case may be ranked as the single most corrupt decision in Supreme Court history, because it is the only one that I know of where the majority justices decided as they did because of the personal identity and political affiliation of the litigants. This was cheating, and a violation of the judicial oath.
What the Court held (7-2 although two of those seven disagreed with the reasoning of the decision - who could blame them?) was that Florida at the point could not manage, was not capable, to properly count the votes not already certified.
So the power of the Federal government had to intervene and stop the recount.
~
Justice Scalia and his clone, Justice Thomas, have since returned to the form they had just prior this case coming before them.
Joe(It was a Christmas miracle)Nation