SteveRogers
duncan298
YaBB God
Posts: 4,204
Political Matrix E: -3.87, S: -5.04
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« on: August 16, 2016, 04:24:10 PM » |
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Bad decision. On the equal protection question, the fact that Scalia and Thomas signed off on an unprecedented expansion and contortion of the equal protection clause should raise a red flag. But I'll give the Court the benefit of the doubt there. The real problem was the remedy. In order to sell that there was no time to establish uniform standards and conduct a proper recount, the majority greatly exaggerated the importance of the December 12 "safe harbor" deadline. In fact, Florida should have had until December 18 meeting of the electoral college to sort things out, so it's plausible that the Florida Supreme Court could've adopted appropriate standards and conducted a statewide recount in that time. I also think that the majority opinion was intellectually dishonest in playing fears of a "constitutional crisis" if the Florida legislature were to act to allocate the state's EV's during that period as congress was perfectly competent to resolve any resulting dispute.
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