HB V

is older than it's ever been and now it's even older

12/13/2000

Dad wrote to tell me that they've had 10 inches of snow in Tulsa. That really ticks me off. We get temperatures as cold as -15 (that's Fahrenheit, those of you not in 'Mericuh) but only a dusting of snow. Weak!!

Warning: the following bloggage is again about the election. If you are tired of hearing about it please skip to my immediately previous post from this morning.

At least the election is ending. I get a lot of "what exactly does that decision mean?" from co workers and friends, and near as I can tell without having read the whole decision (note: PDF document) yet, the SCOTUS ruled that the recount as ordered by the SCOFLA was constitutionally flawed. This was a 7-2 decision, and the basis was that the 5th and 14th amendments' guarantee of equal protection to all citizens was infringed by a recount that didn't set standards for what a vote is. Furthermore, in a 5-4 decision, they ruled that Gore is out of luck because of a December 12 deadline for getting the recount done, which has now passed. Most scholars I had seen didn't buy that December 12 was really the deadline. If you want to get technical it is the Safe Harbor deadline, saying that as long as your electors are selected by then that the US congress will not challenge electors. December 18 (or maybe January 6) is the actual date for casting electoral votes, but the SCOTUS has ruled, and that's that. Not to toot my own horn, but yesterday I wrote this to Haygruh:

I wouldn't be that surprised if they came out with a weird decision . . . like recounts can happen but there must be a standard for statewide counting or violate the equal protection statute or something. The SCOTUS is not stupid; surely they realize that they lose all independent credibility if they split on ideological lines against states' rights, which they've been upholding for the last 5+ years pretty hardcore.



Regarding that last sentence, Justice Stephens echoed my point in his dissent, which will soon be a defining quote in the history books:
One thing however is
certain. Although we may
never know with complete
certainty the identity of the
loser is perfectly clear. It is
the Nation's confidence in the
judge as an impartial guardian
of the rule of law.


Gore will concede tonight, ending this whole fun saga, despite the Jesse Jackson-led court and protest action along the "third rail" of contest -- the civil rights abuses alleged against Florida in denying people of color the vote. Also, look for big protests at inauguration.


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