Will the SCOF just wait

[bob]

I have not seen anyone talk about the possibility that the SCOF will just not have a decision for a week or more so they do not have to rule on a new deadline. It is a long shot - or is it?

[LawyerRon]

I don't think that will happen. They've made their minds up and they're just working out the opinion now. I think their minds were made up before oral arguments. I wouldn't be surprised if we have an answer tomorrow.

[bob]

While a long shot it would be prudent. Other petitions keep comming in so they would be "correct" in keeping the stay active on Harris.

I Beleive they will not rule on the dimples, they will leave that up to the counties.

Seems the cleanest way to settle everything..........will see.

[Jenni]

To me, it all comes down to this: who has the authority to decide whether or not these ballots should be included? Answer: FL. Sec. of State. Next question: Since she has decided not to include those recounted ballots, did she arbitrarily (because she is a Republican) decide not to include them? That one is a bit trickier to answer, because if you are a Democrat, of course you are going to say that she arbitrarily decided not to include them. But as a judge, you would have to consider how she arrived at that decision. She has reportedly looked at FL. law and precedents. If you find her reasoning and intrepretation of the law to be accurate, then I would assume that you would have to grant her the power she has been given to not include those recounts, whether you like her decision or not.
LawyerRon, how often does a court step in without being asked to, like this one did? What gives them the authority to do that?

[bob]

She messed up. She included other handcounts that were "on time". How then can hand counts not be valid?

[LawyerRon]

Jenni,

Quote:
"LawyerRon, how often does a court step in without being asked to, like this one did? What gives them the authority to do that?"

Sometimes a court can raise an issue "on it's own motion", and the legal term for this (latin) is "sui spante". Most State Courts can raise an issue "on its own motion".

However, the U.S. Supreme Court, following language in the Constitution, can only hear "Cases or Controversies". This means you must have suffered some sort of injury first. It can't raise issues on its own motion.

For instance, if I start a public business, but I do not allow women, you can't just immediately file for relief in the U.S. Supreme Court. You must first try to get in the business and be denied. NOW you have suffered an injury and the Supreme Court "could" hear your case if they wanted to. They won't help you just because you "are about to suffer injury".

Thus, the U.S. Supreme Court does not issue "Advisory Opinions" like the U.S. Tax Court, etc, and they do not raise issues "sui spante" on their own motion".

Now, if George Bush loses the election and can allege some sort of Constitutional Violation (usually 14th. Am. Due Process violation) he "could" theoretically be heard before the U.S. Supreme Court, but he would have to LOSE the election first, thereby suffering injury. He can't get in by saying " hey, they are doing something wrong and if you let them do it, I will lose the election".

[stylin19]

I have read the briefs, & responses & watched the oral arguments.

I have been seeing all "kinds" of speculated scenarios that could be put in play...and I am somewhat confused.

(foregt time constraints for a moment) some samples:

1. The Florida supremes affirm the lower court's decision, it's over.

2. affirm the lower court but allow the recounts.
2a. same as #2, except allow recounts to include dimples.

3. overturns lower court.
(- anything is possible )

Is #2 or #2a possible ? That the supremes could rule that the lower court was right, but we are going to impose our will anyway ?

any thoughts are appreciated


also, based on the arithmetic the supremes were trying to get the repubs to do re: end date, YESTERDAY should have been the last day to certify the vote, where a Contest of Election could have time to occur.
Did I hear them right ?

thanx