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To: omniscient

It’s true that the SCOTUS will try to avoid political issues. And that’s how our system is designed to work.

If they view this as a purely political question-—IOW, one regarding which no facts that have been raised raise a constitutional issue that is within their purview to decide-—then I hope SCOTUS so states and gives the nation, and particularly Congress, some idea of how such an objection can be raised in the legislative branch or Electoral College and resolved.

Now, if the SCOTUS were to hold something along the lines of, “Whew, this does look like a problem, but it’s up to the Congress, not the Judiciary to fix it,” THEN “traction” would be very necessary.

My point is that “traction,” strictly speaking, isn’t relevant to the decision on certiorari. That said, should the Court find grounds to grant cert., the fact that there is a widespread controversy on a matter of great importance, and no other means of resolution is apparent, might help push the question of cert. to the tipping point.


132 posted on 11/29/2008 12:09:11 AM PST by fightinJAG (TWO BIG BUSH TAX CUTS EXPIRE AT THE END OF 2008. Happy New Year, love, President Obama)
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To: fightinJAG
Your opinion is how I see things also. 2000 proved that the Court... when pushed to the limit... will decide matters highly political. We have a better Court today than we did then. I am praying overtime.

LLS

144 posted on 11/29/2008 12:23:17 AM PST by LibLieSlayer (GOD, Country, Family... except when it comes to dims! I am an UMA-unity my a$$)
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