Propriety of Stay? [was: Another Constitutional Moment?]
Mark Tushnet
tushnet at LAW.GEORGETOWN.EDU
Mon Jan 22 13:29:33 PST 2001
Greg Sisk writes: "The recount process set up by the Florida Supreme
Court was so unbalanced -- especially by including the partial recount
from Miami-Dade county limited to the most heavily Democratic precincts
(which is indeed stacking the deck, even if unintentionally) . . ."
I'm puzzled by this description. The Florida Supreme Court said, "Count
all the undervotes in Miami-Dade County. Of course you don't have to
count again the ones you've already counted [the partial recount
Professor Sisk describes], but in the end we're going to include the
undervotes cast everywhere in Miami-Dade." How is this stacking the
deck?
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