ESTRADA FILIBUSTER

Phillipe de Croy, writing on Volohk Conspiracy, blames the Estrada filibuster on Bush v. Gore. The analysis is useful in explaining the behavior of Democrats but doesn’t take the time to point on something that is continually missed: The damned Supreme Court didn’t decide the damned election! Aaargh! All they did was rule that the actions of the Florida Supremes in ordering a recount in direct violation of Florida law, and doing it in only in jurisdictions selected by the Gore campaign, was unconstitutional. Furthermore, as we have long known, Bush would have won in Florida even if the recount had been allowed to proceed. It’s true that Gore got quite a few more votes nationally than did Bush, but that’s not how we elect Presidents in our federal system. It’s like arguing the Giants really won the World Series because they scored more runs (44) over the course of the 7 games than did the Angels (40).

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James Joyner
About James Joyner
James Joyner is Professor and Department Head of Security Studies at Marine Corps University's Command and Staff College. He's a former Army officer and Desert Storm veteran. Views expressed here are his own. Follow James on Twitter @DrJJoyner.