God Damn, will Bush's people get a clue? Dick Cheney just came on the air and declared that they had won their U.S. Supreme Court case. Um, no. The USSC said: "Florida Supreme Court, explain yourselves." That is a far cry from a win.
There is a lot of speculation as to why they would draw on 1940 case law to do such a thing as flip the case back to a lower court. The GeeDub law guy's guess is that they did this because their decision would have been a partisan split otherwise and this allowed unanimity.
I, who know nothing, really, am of the opinion that they threw it back because they really weren't sure what the FL Supreme's were thinking and they are very hesitant to pre-empt a state's powers without a damn good reason.
At least I hope they are hesitant to pre-empt a state's powers.
Judge Sauls is on the radio right now fucking Gore up the ass. At least that's what it sounds like. It's a very, very long opinion and I missed the beginning of it, so I'll hold my opinion until I hear the NPR commentary.
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