Tuesday, November 22, 2005

Althouse on Scalia on the 200 Election

Scalia is quoted as saying:
"The issue was whether Florida's Supreme Court or the United States Supreme Court [would decide the election.] What did you expect us to do? Turn the case down because it wasn't important enough?"
Ann Althouse observes:
I wonder if Scalia approves of the bracked language! I should think he'd want something more like "The issue was whether Florida's Supreme Court or the United States Supreme Court [would resolve the legal questions raised by Gore's challenge]." He's right, isn't he? Once the Florida courts started interpreting their way toward upsetting the result, the Supreme Court couldn't sit by passively.
She's right.

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