mnottertail -> RE: Obama admits Libya was his biggest mistake (4/14/2016 6:29:10 PM)
|
quote:
ORIGINAL: Nnanji quote:
ORIGINAL: mnottertail The Supreme Court actually interposed itself into the election contest three times. Only the last two are known as Bush v. Gore. In the first of these cases, Bush v. Palm Beach County Canvassing Board, the Court hoped to end the election crisis by putting a stop to the Florida Supreme Court's decision to extend the time for certifying the vote past the period set by state law. But by the time the Court began hearing arguments in the appeal on December 1, the certification had already occurred. The embarrassed justices sent the case back down to the Florida Supreme Court, instructing the lower court to rewrite its opinion so that it would not create a conflict between state and federal law. A week later, the Florida Supreme Court ordered a statewide recount of ballots. Unlike its earlier decision, however, this one was not unanimous. With the Florida justices split 4-3, the U.S. Supreme Court once again exercised its discretionary appellate review jurisdiction and granted certiorari, or review, to Bush v. Gore. The day after the Florida Supreme Court had ordered a recount, the U.S. Supreme Court granted a temporary stay, or delay, in enforcing the Florida Supreme Court's order. The U.S. Supreme Court justices, too, were narrowly divided, 5-4. The five justices voting in favor of the stay were the same five conservatives who had been moving the Rehnquist Court to the right for more than a decade. The first hearing of Bush v. Gore telegraphed to the nation what would happen if the Court took further action in the case. The Court's third and final intervention in the 2000 presidential election came just days later. In its unsigned opinion, the Court explained that it had voted 5-4 to put a stop to the Florida recount. Allowing the recount to go forward, the Court said, would violate the Equal Protection Clause of the Fourteenth Amendment. The U.S. Supreme Court sent the case back down to the Florida Supreme Court, which had no alternative but to dismiss it. The presidential election of 2000 had been decided, in essence, by the vote of one Supreme Court justice. Needless to say, the George W. Bush camp was jubilant. Al Gore supporters were incensed. Many people were simply happy to have things settled. But others worried that the Court had gone too far. In the past, in landmark cases like Brown v. Board of Education (1954), which put an end to legal segregation, and United States v. Nixon (1974), which led to the first presidential resignation under threat of impeachment, were unanimously decided. After Bush v. Gore, the concern was that the Court had not only overreached itself but undermined its authority by not speaking with one voice. That split decision, 5-4, suggested that Bush v. Gore was a political, not a judicial, decision. Pretty much a Sore Loserman spin of actually what happened. If you keep in mind the Gore camp knew they hadn't a leg to stand upon and we're counting on a patrician Florida Court to upend Florida law for them, you take out some adjectives attached to descriptions of the U.S. supremes, and you realize the spinner is still butt hurt, I can go with it. Yet reading the shit in the actual cases at scotus instead of nutsucker slobber blogs, you are looking at it right there. Of course you also have to read the FL supreme side of the cases. They are all there, searchable and readable in their entireity.
|
|
|
|