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...Court or the U.S. Congress, who are charged by the Constitution to resolve difficulties in federal elections. Today's hearing will be the opportunity for both sides to argue their case about what is a vote and when it should be counted, and we can hope that Justice Antonin Scalia's opinion, as voiced in his comments Saturday, do not reflect the opinion of all, or even 5, of the justices...

Author: By The CRIMSON Staff, | Title: Taking Off the Blindfold | 12/11/2000 | See Source »

...court hears the appeal, it has damaged its reputation, perhaps irreparably, in two ways. First, it has decided to enter a political fray that did not require its action and which, by any understanding of judicial restraint, could have been left to the other electoral safeguards available. If, as Scalia hinted, the court decides this case in Bush's favor on a 5-4 vote, the reputation of the court as a rational, nonpartisan voice above the fray will have been destroyed. It is ironic that the five justices in favor of the stay are traditional supporters of judicial restraint...

Author: By The CRIMSON Staff, | Title: Taking Off the Blindfold | 12/11/2000 | See Source »

...Tribe didn't have an easy time of it either, particularly when Justice Antonin Scalia, a Reagan appointee and the intellectual leader of the court's conservative wing, bustled in with an argument based on a less developed part of Bush's brief--that the Florida court didn't rely solely on statutes of the Florida legislature when it fashioned its solution to the case but relied more on the state constitution and the expansive notion of having every vote count. If that's true, then there's a violation of Article II of the Constitution...

Author: /time Magazine | Title: Election 2000: May It Please The Court | 12/11/2000 | See Source »

...think this is a very good time to be answering hypothetical questions," Christopher said when asked about Gore quitting with a loss on Monday. Scalia's statement, he said, was merely self-justification for the stay, and not necessarily a predictor of future behavior. "Let's just ride with it and see what happens...

Author: /time Magazine | Title: The Supreme Court Goes Political | 12/10/2000 | See Source »

...Remember, he not just ambitious, he's the party fund-raiser. And he figures that if Antonin Scalia is the one to drive the stake through Al Gore's heart, the martyr bucks will roll in like never before. And the Republican party might have another polarizing face it would rather do without...

Author: /time Magazine | Title: The Supreme Court Goes Political | 12/10/2000 | See Source »

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