Sunday, February 14, 2016

Approximate elections

With the talking heads scrambling from their Presidents Day weekend vacations to get to a camera lens to reminisce about Justice Antonin Scalia, there's already an amnesia about probably the most egregious decision of which he was a part, Bush versus Gore in December 2000. His reasoning is embedded in the per curiam majority decision which includes this gem --

Upon due consideration of the difficulties identified to this point, it is obvious that the recount cannot be conducted in compliance with the requirements of equal protection and due process without substantial additional work.

In other words, the reverence for the originalist context of the constitution, when processes took months, suddenly becomes that it might take a few weeks to do a proper recount in Florida, so they blocked it, and George W. Bush became President on the basis of a partial vote count. That's part of Scalia's legacy.

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