Coming soon to a courtroom in Tallahassee, Florida, or to Washington, D.C.:
Clinton v. Obama. Assume that the race for the Democratic nominee is close (which is very likely) after all the primaries. Perhaps Obama has a slight lead, or perhaps Billary does.
Ted Olson, former Solicitor General of the United States (and the attorney who successfully argued Bush v. Gore in the Supreme Court writes about this possibility today in the
Wall Street Journal:
"These superdelegates, Byzantine hyper-egalitarian Democratic Party delegate selection formulas, and the fact that many delegates are selected at conventions or by caucuses rather than primaries, combine to offer the distinct possibility that by convention time the candidate leading in the popular vote in the primaries will be trailing in the delegate count.
"How ironic. For over seven years the Democratic Party has fulminated against the Electoral College system that gave George W. Bush the presidency over popular-vote winner Al Gore in 2000. But they have designed a Rube Goldberg nominating process that could easily produce a result much like the Electoral College result in 2000: a winner of the delegate count, and thus the nominee, over the candidate favored by a majority of the party's primary voters."
There's more. We know that Billary will demand that Michigan and Florida's delegations be allowed at the Democratic convention (she won those states handily, of course). What might the Florida Supreme Court do if there's a lawsuit? I'm sure that they would rule that Florida should be counted. And then let a thousand lawsuits bloom:
"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?"
As Mr. Olson notes, "This may be one of those
déjà vu fantasies that won't happen." But it just might, and Mr. Olson concludes, "If it does happen, I'd be more than happy to loan Sen. Obama the winning briefs that helped secure the election of the legitimate winner of the 2000 election, George W. Bush."
Patrick Ruffini, a Republican campaign strategist, has projected the Democratic race;
the spreadsheet is here. He believes that neither will be able to win enough delegates to clinch the nomination prior to the convention....
Today was really the true beginning of tax season for me; other than my volunteer work this morning, all taxes. Tomorrow I'll be one of the volunteers at the
Orange County Register's tax call-in lines.
You can call 714-796-5000 between 5 and 9pm PST and get answers to tax questions on Tuesday, February 12th....