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Posted on 10/05/2002 11:01:11 AM PDT by AntiDemocrat
He filed a dissenting opinion when the hardcore lefties on the bench decided to send the Gore Lawsuit back to the circuit court judge (after the USSC hinted to them that they had gone beyond the law).
Chief Justice Wells was ominous in his prediction that the USSC would overturn the FSC.
The New Jersey Supreme Court should have memorized his words...
"I want to make it clear at the outset of my separate opinion that I do not question the good faith or honorable intentions of my colleagues in the majority.However, I could not more strongly disagree with their decision to reverse the trial court and prolong this judicial process. I also believe that the majority’s decision cannot withstand the scrutiny which will certainly immediately follow under the United States Constitution.
My succinct conclusion is that the majority’s decision to return this case to the circuit court for a count of the under-votes from either Miami-Dade County or all counties has no foundation in the law of Florida as it existed on November 7, 2000, or at any time until the issuance of this opinion. The majority returns the case to the circuit court for this partial recount of under-votes on the basis of unknown or, at best, ambiguous standards with authority to obtain help from others, the credentials, qualifications, and objectivity of whom are totally unknown. That is but a first glance at the imponderable problems the majority creates.
Importantly to me, I have a deep and abiding concern that the prolonging of judicial process in this counting contest propels this country and this state into an unprecedented and unnecessary constitutional crisis. I have to conclude that there is a real and present likelihood that this constitutional crisis will do substantial damage to our country, our state, and to this Court as an institution.
On the basis of my analysis of Florida law as it existed on November 7, 2000, I conclude that the trial court’s decision can and should be affirmed. Under our law, of course, a decision of a trial court reaching a correct result will be affirmed if it is supportable under any theory, even if an appellate court disagrees with the trial court’s reasoning. Dade County School Bd. v. Radio Station WQBA, 731 So. 2d 638, 644-645 (Fla. 1999). I conclude that there are more than enough theories to support this trial court’s decision.
There are two fundamental and historical principles of Florida law that this Court has recognized which are relevant here. First, at common law, there was no right to contest an election; thus, any right to contest an election must be construed to grant only those rights that are explicitly set forth by the Legislature. See McPherson v. Flynn, 397 So. 2d 665, 668 (Fla. 1981). In Flynn, we held that, “[a]t common law, except for limited application of quo warranto, there was no right to contest in court any public election, because such a contest is political in nature and therefore outside the judicial power.” Id. at 667.
Otherwise, we run a great risk that every election will result in judicial testing. Judicial restraint in respect to elections is absolutely necessary because the health of our democracy depends on elections being decided by voters–not by judges. We must have the self-discipline not to become embroiled in political contests whenever a judicial majority subjectively concludes to do so because the majority perceives it is “the right thing to do.” Elections involve the other branches of government. A lack of self-discipline in being involved in elections, especially by a court of last resort, always has the potential of leading to a crisis."
---Chief Justice Wells, FSC, December 8, 2000
He was correct. NJ is an ugly residue from the Florida debacle and I fear this is only the beginning for what is to come. Look at what is happening in GA with McKinney. The dems have no ethics or shame.
But that's the point, isn't it? The Left does not want our democracy to be healthy. They want it to be sick. They want it to die.
And of course, that's exactly why the Florida Supreme Court pressed forward and ignored Chief Justice Wells' warning.
We're going to see a lot more of this . . . Any one know how many state supreme courts are thoroughly and/or predominantly leftwing? Florida and New Jersey I've got. California, too.
In the next election we could face a situation where not just one leftwing state supreme court tries to throw a wrench in the works, but half-a-dozen or more -- simultaneosly. And the SCOTUS would be swamped.
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