10-16-2011, 04:53 AM
freeradical wrote:
[quote=Surfrider]
Just for fun...what if the Supreme Court chose Gore over Bush?
I think things would be very different right now, what say you?
Well, the Supreme Court did not "choose" Bush.
As to your question, playing "what if" games with history is a complete waste of time.
Two things:
One: The Supreme Court did "choose" Bush because it said that there was indeed proof of denial of voter's rights, BUT because their decision took so long, the time to recount votes had expired. Thus, their delay CAUSED the recount process to cease, and Bush was selected President by 5 men.
Also, American law works on precedence, i.e. a decision by the Supreme Court, once made, is used to define and support legal interpretation in other cases. EXCEPT in Bush v Gore. For the FIRST TIME IN THE US SUPREME COURT'S 224 YEAR HISTORY, the ruling judges declared that their decision applied only to this case and to no other. Not only did these 5 men select a President, they changed the Law and legal Tradition to do so.
Two: Bush v Gore essentially begged the Supreme Court to protect George Bush from damage and injury in the Florida election recount. However, as George Bush was not a resident in the State of Florida, HE HAD NO LEGAL STANDING to seek the Supreme Court's Stay. The case was a Florida matter (you know - states rights?), and should have been dealt with by the Florida Supreme Court. However Bush's crew could not win there, so they went to the court Republicans had stacked.
Yes, it would have been a much different world.