Word: scalias
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...five Justices now in the "conservative" box - Rehnquist, Scalia, Thomas, O'Connor and Kennedy - evidently agreed with Bush's claim that the undervote count was not only an unlawful conjuring by the Florida Supreme Court but was doing his candidacy "irreparable harm." More ominously for Gore, they may also agree, as Bush's application claimed, that the Florida Supreme Court decision was unconstitutional, that it conflicted with Article II - which says the legislature chooses electors - and that it violated the due process clause of the Fourteenth Amendment. In which case, they'll toss the whole thing out, and go back...
...Omen number 2: In a concurring statement, Justice Antonin Scalia said that the stay had a "substantial probability" of becoming permanent...
...Rehnquist and Scalia were very skeptical of the ruling...
...Agree with his judicial philosophy or not, for instance, but Antonin Scalia's dripping sarcasm alone could fuel a small cable channel's ratings. Under questioning, Florida secretary of state lawyer Joseph Klock began, "We have not addressed the federal issues, because -" Scalia cut him off: "Well, this is a federal court!" To Laurence Tribe, on the question of whether the Florida legislature might have "invited" the state supreme court's intervention, Scalia - alluding to legislature's disdain for court action, sneered, "Maybe your experience of the legislative branch is different from mine...
...Gore's base, glimpsing the names of Antonin Scalia and Clarence Thomas on a pro-Bush majority decision, will know exactly what he means...