In the main, I would not have a problem with Kaplan saying this, because it is factually correct - that is in the end what all decisions on the Constitutional merits of this or that become when they are before the High Court.
But in this particular instance I have two problems:
(1) The decision is done, yet Kaplan offers a surmise that somehow it has damaged our poliitical scheme that we use for elections. It has done no such thing. In November 2004, we will all go out and cast ballots for President, and if Mr. Kaplan wants to vote for anyone other than Mr. Bush for President on that day, that is his choice; and since it is his choice that is demonstrative proof the system is fine; and
(2) Mr. Kaplan clearly has an ax to grind because he fails to see the case in main that was before the Court: did a statewide exercise in ballot counting, where there were no objective statewide standards established as to the question of determining a valid vote, constitute sufficient grounds to question whether those votes would be counted consistently thus ensuring EACH candidate the opportunity to be treated equally under the law as guaranteed by the 14th Amendment?
Seven justices of the Court agreed that it did not.
Ironically, lost in Mr. Kaplan's diatribe on the issue is what the Supreme Court actually said. Five Justices concurring agreed that:
1. Statewide objective standards had to be established.
2. All parties in the dispute had to have the opportunity to review the standards.
3. All parties had to have access to the courts to settle disputes on the standards.
4. The standards had to be implemented in all counting jurisdictions before counting could continue.
5. The opportunity to dispute the counts in court had to be afforded to all parties.
6. The counting could, in fact, continue, but according to the previous guidelines.
7. Counting had to be finished by 12 AM, 13 December 2000.
8. CASE REMANDED TO SCOFLA FOR FURTHER ACTION NOT INCONSISTENT WITH THE RULING.
Now the last two are important and often forgotten in the whole mess. They were an aboslute and total rebuke of the FLA SC. Basically, as long as all the conditions were met, FLordia would be allowed to continue the ballot counting exercise. But they were given two hours to complete the task. Utterly impossible.
But what was also important was what the Supreme Court DID NOT do. It DID NOT deny anything to Algore - it DID NOT say Algore had to stop his quest for the White House. It DID NOT say that George W. Bush had won the Presidency.
It DID NOT do any of these things.
So how did we get from the Supreme Court decision to having a President Bush?
Simple - ALGORE CONCEDED THE RACE at that point!
All you demonflop lurkers, read that carefully. In fact I'll put it down again - in letters sufficiently large that you will not need your glasses to read or so that it will show up well even on monitors set to a high resolution:
ALGORE QUIT THE RACE!!
ALGORE ORDERED AN END TO THE CHALLENGE!!
So, Mr. Kapland and all of you demonflops, if you want to blame anyone - blame yourselves and your party's standard bearer.
As for the rest of us, we will continue to celebrate a President that, even with the passage of 234 days, has not had a single scandal. Not even an itty bitty one.
As I said, I've calmed down only a little bit.
However, that comment tells me that he did NOT want to be on that show. Very interesting.