Originally posted by: LunarRay
Originally posted by: Craig234
Originally posted by: LunarRay
There were two decisions in the B v G. I have to agree with the court and reject Gore's 'voter intent' regardless of method argument.
You are then 'rejecting' the Florida Constitution since it calls for voter intent as the standard, as the Florida Supreme Court ruled. How is your position 'states rights' or even defensible in terms of the law? The issue of varying standards for counting is a bogus issue, as that was and is an issue across counties in Florida and most or all other states, but you don't see the Supreme Court calling it a problem for any other situation (hence the 'only applies to this one situation' clause of the ruling).
To the extent Florida law which the FSC followed violated the EP of the 14th IT is flawed. The SCOTUS agreed 7/2. I can't recall the 11th circuit's opinion.
As I read the issue, well, first I think you'd agree that the 14th goes to the person. Remember each district set their own standards. They recounted based on those standards. Now then, voter A in district 1 showed his intent manifested in simply a dimple on the chad. Voter B in district 1 had his vote manifested as disloging a corner. In that district the rule was disloging two corners so that resulted in no votes counted. Moving to district 2 we find their rules to be simply a dimple would be counted so essentially all votes having some indication were counted. That is NOT equal. Some were disenfranchised but had they lived in district 2 they'd have had their votes counted.
The legislature changed the language and the Florida Supreme Court did follow that. I think. I agree the SCOTUS sat on a few decisions regarding Bush, v Palm Beach and etc.. but the simple balance in their decision was " No State shall ... deny to any person within its jurisdiction the equal protection of the laws" And that is the crux of the matter.
I feel one way and you the other. It is fine... so did Bush and Gore.. we're both in good company!
First, using the normal quoting is more readable than the bold method. (I had to re-add bolding to sections manually to indicate your quotes below).
You just condemned every election in every state (IIUC).
Different countied do have different standards in every election. Indeed, in some Florida counties (the ones with the most whites) in 2000, for example, voting machines were set to return ballots with errors to be corrected, resulting in very few invalid ballots, while in other counties (with the most blacks/Gore voters) less expensive machines were used that did not return the ballots, and they were later invalidated, resulting in black ballots invalidated 10 times more than white.
How is that 'equal protection'? The point is, those differences exist in every state and every election, but the Supreme Court claimed they are a violation only in one state in one election - cherry-picking. How is that inconsistency - it's always ok and legal and not a constitutional violation of the 14th, except in that one state and one election? It was obviously used as a *pretense*, cooked up by Bush's lawyers and accepted by the court who did the wrong thing, showing their consciousness of guilt not only in the vherry-picking, but in showing how they knew they were cherry-picking and being inconsistent by making the interpretation of the 14th not applicable to any other state an election.
This isn't a friendly 'difference of opinion', it's you failing to be reasonable IMO.
Does the 14th protect voters to equal treatment at the *county* level, as has been the case in every state and election, or at the *state* level (much less the national level, since it is after all a federal amendment)? If you say country, then you are saying the Supreme Court was wrong to say state. If you say state, then why isn't every election in every state, where counties use inconsistent standards, a violation of the 14th, why is their ruling limited to one situation?
there simply was not enough time to remand, get the new consistent method in place and recount all the ballots... It would have gone to Congress without the 27 electoral votes and no majority thus Both houses being Republican Bush wins. Either way it turned out the result would have been the same. I think I felt that way then and/or do now.
There was plenty of time to recount the ballots - the only issue was an arbitrary legal deadline that the Supreme Court could easily change given the situation, and a case for why that was the normal legal approach that should have been taken was made ni Vincent Bugliosi's book.
I'm all for a statewide recout - and Gore would have won that, as the media-sponsored recout later showed.
Ok... well, each time the recount was stopped or altered ate up the clock.
Let's put aside the fact that the Republicans sent staffers to Florida to conduct riots to obstruct the recounts, creating threatening mobs.
Accountability? None - they were not punished for their attack on democracy, they were rewarded with positions.
The safe harbor issue and the deadline for Harris to submit for the Florida 27 or 25 electors (I can't recall now is fixed in the US Constitution. I agree that Gore may have won had the count gone on.[/b]
I appreciate the honesty on that point.
The USCCR with MF Berry as chair wrote of so many many disenfranchised voters, upwards of 15000 likely Gore voters that the question of the election being 'stolen' is not in doubt in my mind and I'd like to make that clear.
I'm not quite clear what you're saying - it sounds like you are saying you think the election was stolen on other grounds outside the Bush v. Gore issue.
All I am saying is that the basis for the final SCOTUS decision was valid imo and a good decision based on the Equal Protection Clause as it deals with the people. The recount can't be proclaimed equal any way you look at it. Not so long as there was some disenfranchised and others not based on the same criteria...
The remedy, I don't agree with, however. I'll surrender to MAY have been moot IF the new methods could not have been put in place and the votes counted and the certifcation of the electors did not get to Congress in time... And Souter's comment is quite informative, I think but it didn't carry the day.
See above on why the equal protection argument is invalid at least on the basis of inconsistency if not worse.
As for the time needed, see the books on the issue like the one I referenced for the case that the deadline could easily have been legally extended.
I'm not sure what Souter comment you are talking about.
I think you are arguing the issue in good faith, but you need to consider the other side a bit more and not just repeat the pro-Bush argument in the case I argued against.
It does sound like we might at least agree that apart from the Bush v. Gore issue, the voter's intent is clear for Gore to have won.