letter on Florida Legislature & US S. Ct. vacating of Fla. S. Ct. judgment

[Robert Ackerman]

Might vacating the Florida Supreme Court's decision (upon which the
Secretary of State's Nov. 26 certification was based) create a vacuum into
which the legislature might now step?  Or has Florida still made a choice
under 3 USC Sec. 2 (there having been no hurricane on Nov. 7), and we
simply have yet to ascertain what that choice was?

Either way, it would seem prudent for Gore's lawyers immediately to ask the
Florida Supreme Court for a clarifying opinion.  One paragraph, stating
that this was simply an exercise in statutory interpretation, and
reinstating the previous decision, should suffice.  Gore might also cover
his tracks by asking Judge Sauls for an order certifying the hand recount
from Broward County, if it is not too late to do so.

Bob Ackerman

At 10:50 AM 12/4/00 -0800, you wrote:
>On Mon, 4 Dec 2000, Scarberry, Mark wrote:
>
>> I presume the Sec. of State is now free to recertify based on the Nov. 14
>> numbers plus overseas ballots, which would increase Gov. Bush's lead and in
>> effect wipe out, for purposes of the contest, the results of the Broward
>> County hand recount.
>
>Why should this be?  Given that the U.S. Supreme Court at least
>purportedly vacated the Florida Supreme Court's decision, shouldn't that
>leave its prior injunction against the Secretary in force?
>
>-David B. Cruz, USC Law (Cal.)
>
Professor Robert M. Ackerman
Penn State - Dickinson School of Law
150 South College Street
Carlisle, PA 17013

Phone:     717-241-3535
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