Wednesday, December 22, 2004

As Justice Scalia Explained at the Time, Bush v. Gore Was Non-Precedential 

Via our distinguished colleague Susan Madrak at Suburban Guerrilla: The Washington State Supreme Court has just reversed a Superior Court restraining order that prevented over 700 wrongly-disqualified ballots from being counted in King County. As a result, Democrat Christine Gregoire is likely to win the gubernatorial race after coming from behind to take a slender lead of eight to ten votes:
"There is a sacred American right to have legitimate votes counted," Gregoire said in a news release after the ruling. "The justices recognized that principle today" . . . .

Justices questioned Republican claims that counting the votes would cause irreparable harm.

"You're looking at it from the point of view of the winner or the loser -- shouldn't we be looking at it from the point of view of the voter?" asked Justice Susan Owens.
And by asking that question Justice Susan Owens pretty much guaranteed that she'll never be nominated to the U.S. Supreme Court, where they crinkle their noses at that sort of shabby legal reasoning.

The Seattle P-I has the full text of the decision here.

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