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• Thursday, January 8, 2009 07:23 AM

  Bush v Gore, NRI1969, Shooter

  Surely you aren't referring to Bush v. Gore, are you?

  If I remember correctly, that decision was 5-4.

  To which decision are you referring?

  -- NRI1969

  NRI is right and Shooter is being dishonest. I am shocked, shocked...

  The 7-2 opinion was that the recount method violated the 14th Amend. However, the remedy - the critical decision to stop the recount because it could not be completed under consitutional standards by December 12 - was a 5-4 vote.

  Shooter, I am always amazed the way I see so many conservatives cackle and crow about Bush v. Gore, as it seems violative of so many sacrosanct conservative principles.

  So, Shooter, I have questions for you: do you consider yourself a conservative?

  And, if so, how do you feel about a Supreme Court case that says that a federal court can tell a state how to run its own election process? How does that sit with the theory of states' rights?

  When it comes to original intent and strict construction, what do you think of the proposition that a national candidate in a recount has a constitutional right to order the recount state to adopt a statewide standard for interpreting ballots? Even if different counties have different voting methods?

  And finally: if Gore had been the one to file such a lawsuit (remember, Bush-Cheney were the plaintiffs, the "greivance" party if you will) and prevailed on precisely the same legal reasoning, do you think the conservative take on the case would be exactly the same today?

  —Jestaplero Read Jestaplero's other letters
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