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John McCain

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I have a clear record, both publicly and privately, of saying Alito and Roberts are what we want on the Supreme Court.
--
2008-02-02

 
John McCain

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It is true of opinions as of other compositions that those who are seeped in them, whose ears are sensitive to literary nuances, whose antennae record subtle silences, can gather from their contents meaning beyond the words. All this presupposes, of course, a grasp of the nature of the Supreme Court's functions — the scope and limits of its constitutional authority — and often, as well, familiarity with the record and briefs of a particular case whose opinion record and briefs of a particular case whose opinion is under scrutiny.

 
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The Supreme Court of Florida has said that the legislature intended the State's electors to "participat[e] fully in the federal electoral process," as provided in 3 U. S. C. §5. That statute, in turn, requires that any controversy or contest that is designed to lead to a conclusive selection of electors be completed by December 12. That date is upon us, and there is no recount procedure in place under the State Supreme Court's order that comports with minimal constitutional standards. Because it is evident that any recount seeking to meet the December 12 date will be unconstitutional for the reasons we have discussed, we reverse the judgment of the Supreme Court of Florida ordering a recount to proceed. Seven Justices of the Court agree that there are constitutional problems with the recount ordered by the Florida Supreme Court that demand a remedy.

 
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[W]e have a Supreme Court, like yours, which, since we put a charter of rights in our constitution in 1982, is becoming increasingly arbitrary and important. It is also appointed by the Prime Minister. Unlike your Supreme Court, we have no ratification process.

 
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If any young man is about to commence the world, we say to him, publicly and privately, Go to the West.

 
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I am counsel for all of the plaintiffs, they are still my clients, I was the one who won the First Amendment argument in the hearing on November 3, 2005, which trial record was what was appealed to the Alabama Supreme Court, and I fully expect to be in the courtroom trying the case when it is tried.

 
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