THE JUDICIAL SYSTEM'S INVOLVEMENT
Saturday, November 25, 2000
For those of you reading this- within the United States and especially outside of the USofA- who might not understand our judicial system, let me make this very clear:
The injunction sought by the Bush campaign is being brought in a FEDERAL Court (even though the legal argument involves a Florida STATE statute- the Bush campaign is arguing that the Florida statute allowing manual recounts violates the Constitution of the UNITED STATES [and, therefore, it is a FEDERAL- not a STATE- question]): the Federal Court that heard this case Monday 13 November was the U.S. District Court for the Southern District of Florida in Miami, Florida. Any appeal from the judge's ruling (whatever it might be- granting the injunction or no) is to the U.S. Court of Appeals for the 11th Circuit, which covers the States of Alabama, Florida and Georgia. Any further appeals beyond the 11th Circuit can only go to one place- the Supreme Court of the United States in Washington, D.C. (the Nation's highest court of last resort) beyond which there IS no appeal!
meanwhile, those lawsuits being brought by those 8 Florida voters- whose actions are, of course, being supported by the Gore campaign- who are claiming they were, in effect, denied their right to vote by being confused by the controversial ballot used in Palm Beach County this past 7 November are bringing these cases in STATE court (NOT the Federal courts cited above: each of the 50 States of the American Union has its own court system- separate and independent from that of the Federal Government): the court that would hear these cases would be the Florida Circuit Court for Palm Beach County (Florida's 15th Judicial Circuit) sitting in West Palm Beach, Fla.- the county seat. Any appeals (by the losing party or parties) would be taken to the Florida District Court of Appeal for the 4th (Appellate) District which not only includes Palm Beach County but, by complete coincidence, that particular District Court of Appeal also sits in West Palm Beach, Fla. Any appeals from that court would go to the Florida Supreme Court (which is different from the U.S. Supreme Court) sitting in Tallahassee, the state capital.
If a ruling by the judge in the Palm Beach County Circuit Court
should involve a question re: Florida's own State Constitution, a
direct appeal could be taken to the Florida Supreme Court (bypassing
the 4th District Court of Appeal). The Florida Supreme Court would be
the end of the road for a STATE case (that is, no further appeal could
be taken) UNLESS a state law is held to be constitutional under
requirements of the Constitution of the UNITED STATES, in which case
the legal matter COULD be taken up by- you guessed it!- the Supreme
Court of the United States in Washington, D.C.