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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