Edging Away

[Mark S Kende]

What's the legal standard of review for a court's examination in Florida
of a decision like that of the Secretary of State denying the hand
recount?  Is it arbitrary and capricious review like the lower court judge
suggested?  Are there any precedents for how that would be applied in the
elcteion context?  Any help here would be appreciated.  Also, does anyone
really think the US Supreme Court will ultimately take this case and on
what legal basis since the issues seem mainly state oriented, and the
equal protection claim rather weak?  Just curious.  My thanks to the
listmembers for conducting such an interesting and informative discussion.

Mark Kende
Associate Professor of Law
University of Montana School of Law
Missoula, Montana 59812
406-243-4317 (phone)
406-243-2576 (fax)