Word: connors
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Safe Harbor? Who Needs It? By depending heavily on a questionable interpretation of the federal "safe harbor" rule - the basis for the December 12 and 18 deadlines we've heard so much about - the majority Justices (Rehnquist, Kennedy, O'Connor, Scalia and Thomas) took a risky route to their ruling...
...Connor and Kennedy seemed skeptical of approving a recount...
...Connor warned of a "big red flag" in election law that seemingly requires courts to defer to the legislative branch, and Kennedy pointedly questioned recount standards that would vary from "table to table and county to county...
...simplest terms possible, the Court reversed the Florida Supreme Court decision; seven Justices (Scalia, Thomas, Rehnquist, Kennedy, O'Connor, and, with reservations, Breyer and Souter) agreed there were constitutional problems with the recount ordered by the Florida court - specifically the requirements of due process and equal protection. Justices Stevens and Ginsberg argued the case should never have been accepted by the Court...
Rehnquist, Scalia, Kennedy, Thomas and O'Connor ruled the recount is impossible within the time restraints of the "safe harbor" statute in Florida election law, which requires electors to be chosen by December 12. The dissenters wrote blistering arguments against the majority opinion, maintaining there is a possibility for a recount before a December 18 deadline. The dissents included this passage by Justice Stevens: "Although we may never know with complete certainty the identity of the winner of this year? s Presidential election, the identity of the loser is perfectly clear. It is the Nation' s confidence in the judge...