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NYP: HIGH COURT WARNING
New York Post ^ | October 28, 2004 | COLLIN LEVEY

Posted on 10/28/2004 5:05:37 PM PDT by OESY

The Supremes, after all, waded into the 2000 election only with great reluctance, and only in the face of gross judicial overreach: ..."the problem in 2000 was not that the U.S. Supreme Court acted politically but that the Florida Supreme Court did so — not once but twice."

Today, five of the seven Florida Supreme Court judges from 2000 remain on the bench. In Ohio....

Then there's the fiasco-waiting-to-happen in Colorado — a ballot initiative that would turn the state from a winner-take-all to a proportional split of electoral college votes. If that had been in effect in 2000, Al Gore would now be running for re-election. If the measure passes this time, the legal fight would turn on whether it applies to the same day's election. Colorado's governor, Congress and the Supremes could all have a role to play. The prospective mess may be one reason the measure's now dropping in the polls.

The Supreme Court justices have always adhered to the late Felix Frankfurter's prescription of "judicial lockjaw." But some preventive signalling right now is appropriate. In 2000, the high court leaned over backward to assert that nothing in its Bush v. Gore decision should be deemed fertile precedent for future election lawsuits. That was clearly a pipe dream, judging by the "equal protection" lawsuits being filed by the dozens.

Eric Holder, a former Justice Department official in the Clinton administration, declared not once but twice on Fox News that any election not won by John Kerry would have to be considered legally suspect: "You heard it right here. If every vote is allowed to be cast and every vote is counted, John Kerry will be president."

...Chaos-seekers are on notice from Justices Rehnquist and Breyer: Once is enough.

(Excerpt) Read more at nypost.com ...


TOPICS: Constitution/Conservatism; Editorial; News/Current Events; Politics/Elections; US: Colorado; US: Florida
KEYWORDS: americanenterprise; blackwell; breyer; bush; bushvgore; cato; election; equalprotection; fortier; foxnews; frankfurter; greenspan; holder; jamescarr; judiciallockjaw; kerry; pilon; rehnquist; supremecourt

1 posted on 10/28/2004 5:05:41 PM PDT by OESY
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To: OESY

Eric Holder is one of the most dangerous men in America.


2 posted on 10/28/2004 5:07:11 PM PDT by muawiyah
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To: muawiyah

I pray that Bush's win is so great that there is no way in hell to dispute it. If these goons do try to ruin this election and its outcome in the courts what in the world can we do to stop them?


3 posted on 10/28/2004 5:49:07 PM PDT by PleaseNoMore
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To: muawiyah

I pray that Bush's win is so great that there is no way in hell to dispute it. If these goons do try to ruin this election and its outcome in the courts what in the world can we do to stop them?


4 posted on 10/28/2004 5:49:22 PM PDT by PleaseNoMore
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Comment #5 Removed by Moderator

To: seamole

Don't be too sure.

If one side or the other is perceived as tying up this election, they're going to find the American people showing very, very, VERY little patience with a repeat of the Y2K election.


6 posted on 10/28/2004 11:39:22 PM PDT by fire_eye (Socialism is the opiate of academia.)
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Comment #7 Removed by Moderator

To: seamole

Your thesis will only hold if there is a channel to which they can change, upon which there are no indignantly howling and screaming leftist media goblins claiming that Bush just stole the election again.

Care to bet on the probability of *that*???


8 posted on 10/30/2004 7:50:21 PM PDT by fire_eye (Socialism is the opiate of academia.)
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