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To: Deepest End
At the end of the day, the Court has never had a case even remotely like this due to the fact that the checks and balances in the Federal Govt have historically worked as intended. In this election, there has been a systemic breakdown that has found its way to the Court as an arbiter of last resort. Anyone who acts like this is run-of-the-mill and that they have any idea of how this will be handled is kidding themselves. This very well could lead to a standard denial of cert on Monday. But it very well may not.

This case goes fundamentally to 1) the primacy of the Constitution over the Executive Branch using the clearest terms and facts possible; AND 2) the ultimate ability of the USSC to assert authority over the Executive Branch through the Court's role as Guardian of the US Constitution. Of course, there have been cases touching on these issues before, however, the bright line precedent that would arise out of this fact pattern provides an opportunity to reinforce the Court's authority over the other Branches in an unmistakable way.

Basically, this is a straight-up mano y mano conflict between the Exec. and the Legis. that the USSC will use to strengthen its power, which is the most important thing, after all.

34 posted on 12/06/2008 3:10:05 PM PST by Shady Ray
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To: Shady Ray
Your point is well taken, and well stated.

All of these "informed individuals" claiming with certainty their predictions, are specious at best.

I have no idea how this will turn out, however there is no question that this is unprecedented.

37 posted on 12/06/2008 3:23:48 PM PST by Deepest End ("It is the duty of the patriot to protect his country from its government." - Thomas Paine)
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