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After Mr. Boies's statement, I argued and the United States Supreme Court unanimously agreed that federal law merely encourages resolution of election contests by Dec. 12.
The decision below constitutes a clear departure from the legal requirements established before election day, and announces new rules governing the resolution of election disputes.
The new standards, procedures and timetables established by the Florida Supreme Court for the selection of Florida's presidential electors are in conflict with the Florida Legislature's detailed plan for the resolution of election disputes.
But the plain language of the statute provides that state courts must adhere to pre-existing law if their resolution of election controversies is to be given binding effect.
The act of interpreting and reconciling ambiguous or apparently conflicting statutory provisions is an exercise with which this court is thoroughly familiar and has never been regarded as the "making" of law exceeding the bounds of the judicial role.... Indeed, the Florida legislature has itself plainly acquiesced in state judicial resolution of election disputes in presidential elections.
Similar(55)
While the impact the presidential election might have on this debate was commonly noted, it would scarcely have occurred to anyone that the resolution of the election itself would become entangled in it.
The court should set a timetable for the resolution of all election challenges before the Electoral College meets on Dec. 18.
The court below rejected Florida statutes and deadlines for the appointment of electors and the resolution of presidential election disputes as "hypertechnical".
Mr. Elias said that after the three-judge panel issued its final ruling, he expected a resolution of the election by the State Supreme Court "within a matter of weeks".
The public has been hungry both for resolution of the election and for Mr. Gore and Mr. Bush to quit hiding behind lawyers and spokesmen.
But he urged supporters not to take "mass action" and instead to wait for a peaceful resolution of the election dispute.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com