But, of course, the Gang of Four isn't really concerned that the recount be completed by December 12th. Then, Gore can try to convince the public to pressure Congress to reject outright George Bush's certified slate of electors or support a competing slate of Gore electors. Chief Justice Wells's dissent is the most important and compelling. Justice Wells, a liberal Democrat himself, recognizes that his colleagues are doing great harm to the U.S. Constitution and the rule of law. Importantly to me, I have a deep and abiding concern that the prolonging of judicial process in this counting contest propels this country and this state into an unprecedented and unnecessary constitutional crisis.
Elections involve the other branches of government.
In support of his argument, he cited McPherson v. Flynn , the same decision relied on by the unanimous justices of the U.S. Supreme Court when they vacated the Florida supreme court's first rewriting of the legislature's election laws. Its decision today is unconstitutional, and no lower court or election official is bound to comply with an unlawful act. Moreover, the Florida legislature is right to affirm the slate of electors already certified by Gov. Jeb Bush. Indeed, it must do so to defend its constitutional authority from a rogue court. Send it along.