| THE "GORE EXCEPTION" | |
Presented by Mark Levine, Attorney at Law
Respond to this article at the Teen Advice Forum
|
Part 4 Q: So why
not separate the votes into piles -- hanging chads for Gore,
indentations for Bush, votes that everyone agrees went to one
candidate or the other -- so that we know exactly how Florida
voted before determining who won? Then, if some ballots (say,
indentations) have to be thrown out, the American people will
know right away who won Florida? Q: In
other words, if America knows the truth that Gore won, they won't
accept the US Supreme Court overturning Gore's victory? Q: Is that
a legal reason to stop recounts? Or a political one? Q: Well,
if the December 12 deadline is not binding, why not count the
votes afterward? Q: Didn't
the US Supreme Court condemn the Florida Supreme Court for
arbitrarily setting a deadline? Q: But,
but... Q: Tell me
this, are Florida's
election laws unconstitutional? Q: Are the
election laws of any of the other 49 states unconstitutional as
well? Q: Then
why aren't the results of 33 states thrown out? Q:
But if Florida's certification includes counts expressly declared
by the US Supreme Court to be unconstitutional, we don't know who
really won the election there, right? Q: So,
what do we do? Count under a single uniform standard? Have a re-vote?
Throw out the entire state? Next page > Part 5 > Page 1, 2, 3, 4, 5, 6
A: Great idea! An intelligent, rational
solution to a difficult problem! The US Supreme Court
rejected it. They held in stopping the count on December 9 that
such counts would be likely to produce election results showing
Gore won and that Gore's winning would cause "public
acceptance" and that would "cast a cloud" over
Bush's "legitimacy" that would harm "democratic
stability."
A: Yes.
A: Let's just say in all of American
history and all of American law, this reason has no basis in law. But
that didn't stop the five conservatives from creating new law out
of thin air.
A: The US Supreme Court, after admitting
the December 12 deadline is not binding, set December 12 as a
binding deadline at 10 p.m. on December 12.
A: Yes.
A: Not to worry. The US Supreme Court
does not have to follow laws it sets for other courts.
A: Yes, according to the Supreme Court,
the Legislature drafted the law in such an unfair way that the
Florida votes can never be fairly counted.
A: Yes, if one logically applies the
Supreme Court opinion. The voters of the 50 states use
different systems and standards to vote, and 33 states have the
same "clear intent of the voter" standard that
the US Supreme Court found was illegal in Florida.
A: Um. Because
um
..the
Supreme Court doesn't say
A: Right. But a careful analysis by
the Miami Herald shows Gore won Florida by about 23,000 votes (excluding
the butterfly ballot errors). See http://www.herald.com/thispage.htm?content/archive/news/elect2000/decision/104268.htm
A: No. As there's no time for a re-vote or
a re-count based on the non-binding "deadline", the
Supreme Court will just choose itself who will be President, and
it picks Bush to win 5-4, based on the flawed count it just
called unconstitutional.
