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An Open Letter to Justice Antonin Scalia

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Dear Justice Scalia,

In November, 2000 I wrote to you after the Supreme court’s decision in Bush v. Gore in order to return my Miami-Dade county voter’s registration card. After all, if the votes weren’t going to be counted, I wouldn’t need the card. I felt that the court’s decision was intellectually dishonest and a disaster for democracy.

I was wrong.

I still feel that the decision was intellectually dishonest. But that is no longer the point. When the Franken/Coleman Minnesota recount began—almost six months ago—I thought, “now we will see how a recount should function, according to the rule of law.” At the beginning, Minnesotans showed that there was no need for thuggery, as in Miami-Dade, and that a recount could be conducted in a socially responsible manner. Six months later, though, the process hasn’t finished. The same American tendency towards squabbling is, sadly, irrepressible. The parties have fought over issues and sub-issues and have not finished. The Minnesota Supreme Court will decide everything soon—supposedly (there is always a chance of a remand)—but the hearing won’t be held for another month. How long after that for a decision? In the meantime, Minnesota is without a second senator.

Imagine the United States without a president for the same amount of time. With no one constitutionally in charge, the perils presented by the world, the economy and all of the other issues the Executive faces would only grow. The risk of catastrophe is real. The United States simply could not function for such a long period of time with no one in charge. The risks to the commonwealth are obvious.

The rule of law, then, is inadequate. Though I still feel that the Court’s decision was intellectually dishonest, it was nonetheless necessary. I apologize.

If you still have my voter’s card, could you send it back?

Written by mokane

June 10, 2009 at 12:06 am

Posted in Uncategorized

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