Originally Posted By: Matter-eater Man
I would think after Florida 2000 the party would never do something like strip whole states of their say.


Ted Olsen was one of the attorneys who argued Bush v Gore at the US Supreme Court. He thinks that Hillary might actually take the DNC to court if they don't change the rules to suit her and notes a certain irony if she does so:

  • Imagine that as the convention approaches, Sen. Clinton is leading in the popular vote, but Sen. Obama has the delegate lead. Surely no one familiar with her history would doubt that her take-no-prisoners campaign team would do whatever it took to capture the nomination, including all manner of challenges to Obama delegates and tidal waves of litigation.

    As the convention nears, [and assuming that] Sen. Clinton trailing slightly in the delegate count, the next step might well be a suit in the Florida courts challenging her party's refusal to seat Florida's delegation at the convention. And the Florida courts, as they did twice in 2000, might find some ostensible legal basis for overturning the pre-election rules and order the party to recognize the Clinton Florida delegates. That might tip the balance to Sen. Clinton.

    We all know full well what could happen next. The array of battle-tested Democratic lawyers who fought for recounts, changes in ballot counting procedures, and even re-votes in Florida courts and the U.S. Supreme Court in 2000 would separate into two camps.

    Half of them would be relying on the suddenly-respectable Supreme Court Bush v. Gore decision that overturned the Florida courts' post-hoc election rules changes. The other half would be preaching a new-found respect for "federalism" and demanding that the high court leave the Florida court decisions alone.

    Would the U.S. Supreme Court even take the case after having been excoriated for years by liberals for daring to restore order in the Florida vote-counting in 2000? And, would Justices John Paul Stevens, David Souter, Ruth Bader Ginsburg and Stephen Breyer, the dissenters in Bush v. Gore, feel as strongly about not intervening if Sen. Obama was fighting against an effort to change a presidential election by changing the rules after the fact? Will there be a brief filed by Floridians who didn't vote in their state's primary because the party had decided, and the candidates had agreed, that the results wouldn't count?

    This may be one of those déjà vu fantasies that won't happen. But it did happen before. And Florida has a quirky habit of popping up again and again in close presidential elections, having been a factor not only in 2000, but also the epic presidential election controversy of 1876. And Democratic lawyers have undoubtedly kept copies of the legal briefs they filed for Al Gore in 2000 into which their computers can easily substitute the name Clinton for Gore.