_______________________________________________________________ | | http://propaganda.lege.net/partisans/ | Source:  | http://the-rule-of-law.com/archive/supreme/statement.html | Oct 3, 2002 | | | 673 LAW PROFESSORS SAY | | By Stopping the Vote Count in Florida, | The U.S. Supreme Court Used Its Power | To Act as Political Partisans, | Not Judges of a Court of Law | | | We are Professors of Law at 137 American law schools, from | every part of our country, of different political beliefs. | But we all agree that when a bare majority of the U.S. | Supreme Court halted the recount of ballots under Florida | law, the five justices were acting as political proponents | for candidate Bush, not as judges. | | | It is Not the Job of a Federal Court | to Stop Votes From Being Counted | | | By stopping the recount in the middle, the five justices | acted to suppress the facts. Justice Scalia argued that the | justices had to interfere even before the Supreme Court | heard the Bush team's arguments because the recount might | "cast a cloud upon what [Bush] claims to be the legitimacy | of his election." In other words, the conservative justices | moved to avoid the "threat" that Americans might learn that | in the recount, Gore got more votes than Bush. This is | presumably "irreparable" harm, because if the recount | proceeded and the truth once became known, it would never | again be possible to completely obscure the facts. But it | is not the job of the courts to polish the image of | legitimacy of the Bush presidency by preventing disturbing | facts from being confirmed. Suppressing the facts to make | the Bush government seem more legitimate is the job of | propagandists, not judges. | | | By taking power from the voters, | the Supreme Court has tarnished its | own legitimacy. As teachers whose lives | have been dedicated to the rule of law, | we protest. | | | MAIN SUPREME COURT PAGE | http://the-rule-of-law.com/archive/supreme/ | | COMMENTARY, COURT DOCUMENTS, RESOURCES | http://the-rule-of-law.com/archive/supreme/link.html | | WHAT CAN BE DONE? | http://the-rule-of-law.com/archive/supreme/whatnow.html | | | (In accordance with Title 17 U.S.C. Section 107, this | material is distributed without profit to those who have | expressed a prior interest in receiving the included | information for research and educational purposes.) | | | | Additional reading: | | Resources | http://propaganda.lege.net/resources/ |______________________________________________________________