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PDF Editor FAQ

Remembering the 2000 Florida recount, Bush v. Gore went directly to the Supreme Court, i.e., there was no lower court ruling to leave standing in the case of a tie in the supreme court. Am I wrong?

Yes, you are wrong.Bush v. Gore was on petition for certiorari* from a case in Florida state court. The case had made it to the Supreme Court of Florida, which had ordered a manual recount.It is important to remember that Bush v. Gore wasn’t formally the justices picking the president they preferred. The legal question was whether or not the way the recount was being conducted violated the Equal Protection Clause of the Fourteenth Amendment, and whether there was an alternative method of counting that would not.The Supreme Court of Florida has full and legitimate legal authority to answer that question in the State of Florida. If the Supreme Court had not taken the petition, the ruling of the Supreme Court of Florida would have stood, though would not have produced any binding precedent outside of Florida.Of course, the justices in the majority of Bush v. Gore made it very clear that this was a “good for this time only” decision that effectively does not have any precedential value. You can certainly make a case for why the Supreme Court ought to have intervened, but “they established a clear rule” is not one of them.*It’s actually a bit more complicated than that, but for our purposes close enough.

What in the Constitution of the United States of America gives the Supreme Court the ability to stop people in Florida from voting in November's election because of unpaid court debts?

Nothing. The Supreme Court isn't stopping anyone from voting.Florida is stopping people from voting.Because U.S. Const., Article I, Section 4 gives states like Florida the power to determine how elections will be conducted.People don’t like that. They have sued Florida, asking it to stop. They lost. They appealed to the U.S. Supreme Court.The Supreme Court has only said, “Yes, Florida is empowered to do that.”

Is it likely that Ted Cruz will replace Ruth Bader Ginsburg as the next Supreme Court justice now that she has passed away?

What is this fascination people have with mentioning people for the Supreme Court just becausea.) They know the nameandb.) They have a Law degree.No, Ted Cruz is not going to become the next Supreme court Justice, and if it was offered to him he would turn it down because he still wants to be President someday.As always with Trump Court Nominees, Trump will point to the next name on the list handed to him by the ultraconservative Heritage Foundation and the Federalist Society.The two most likely nominees right now are:Amy Coney BarrettBarrett is a Trump appointee on the 7th US Cricut court of appeals. A Notre Dame grad and a staunch pro-life advocate, she is strict constitutional originialist in the mold of Antonin Scalia for whom she once served as a clerk.Barbara LagoaAnother Trump appointee, this time to the 11th US Circut Court of Appeals, Lagoa was the first Cuban American to serve on Florida’s Supreme Court. The Florida connection and her Hispanic heritage make her a strong fit politically for Trump as he battles for votes in Florida's extremely tight race.Of the two, I actually think Lagoa is more likely despite Barrett probably being the Federalist Society’s preference. I say that because it’s just in Trump’s transactional nature.Lagoa was one of 2 Trump appointees on the 11th Circut Court who ruled against the voting rights of Florida’s former felons who were recently re-enfranchised by Florida’s voters in a 2016 ballot referendumFlorida felons lose voting rights case in federal appeals court

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