Edging toward Crisis

[Michael MASINTER]

We will have a crisis only if one of the campaigns refuses to abide by the
rulings of the Florida courts.  There is nothing in the constitution that
makes Bush the winner; the electoral college has not yet met.

It is worth noting that the Bush argument that Bush has won rests entirely
upon its view of Florida election law.  We cannot have a coup d'etat by
following lawfully established longstanding legal procedures.  Both the
Bush and Gore folks need to scale back the rhetoric.

Michael R. Masinter                     3305 College Avenue
Nova Southeastern University            Fort Lauderdale, Fl. 33314
Shepard Broad Law Center                (954) 262-6151
masinter at nova.edu                       Chair, ACLU of Florida Legal Panel

On Mon, 13 Nov 2000, Stephen M. Griffin wrote:

> I've seen a lot of posts to lists and op-eds suggesting that the Fla. courts
> will provide a decent way out of the election mess by letting the hand
> recounts go forward or even ordering a Palm Beach revote (e.g.,Tribe's op-ed
> in Sunday NYT).  To me, such arguably reasonable legalistic proposals
> demonstrate a fundamental lack of appreciation for the Republican position.
>
> The Bush position is that we won.  We won the initial reported vote and the
> automatic recount.  Absentee ballots have already at least partly been
> counted and, in any case, won't change anything.  We've already won.  The
> only legitimate course for Gore is to concede.
>
> Among other things that might be said, this position is a clear signal to
> every loyal Republican office holder in Florida to make sure that the hand
> recounts are not allowed to interfere with the timely certification of the
> state's votes and the delivery of its electors to Bush.  Fla. (Rep.)
> election officials will therefore not allow any hand count tallies unless
> submitted before 5 pm tomorrow which is impossible.  So no hand counts will
> be allowed to affect the election results unless by state court order.  But
> the Bush camp has already laid the foundation for a claim of illegitimacy
> even if the state courts so rule.  Their orientation is clear in the
> statements coming out over the weekend.  George Will talks of Gore's coup
> d'etat.  Bob Dole says the election is over.  One could argue that legally,
> the Gore forces have the momentum, but the Bush camp has far more
> bloody-minded determination.  If state courts support the hand recount and
> delay certification, the extreme reaction to this by the Bush camp could
> push the situation toward a const. crisis.  We are partway there already.
>
>
> Stephen M. Griffin
> Tulane Law School
> 6329 Freret Street
> New Orleans, LA 70118
> (504) 865-5921
> sgriffin at law.tulane.edu
>
>