[EL] Bush I question

[Mark Scarberry]

The standard view (cue Justin) that the Palm Beach County case says nothing
about how a federal issue would be resolved (not my view as my earlier post
noted) is that several (at least) of the Justices believed that there would
be a federal issue of some substance if the Florida S. Ct. relied on the
Florida Constitution rather than the statute, and that a majority of the
Court wanted to see whether there was such a federal issue prior to
deciding how such an issue would be resolved. I think there was more than
that, but I can't say that such a view is unreasonable.

Mark

[image: Pepperdine wordmark]*Caruso School of Law*

*Mark S. Scarberry*

*Professor of Lawmark.scarberry at pepperdine.edu
<mark.scarberry at pepperdine.edu>*
Personal: mark.scarberry at gmail.com




On Wed, Oct 28, 2020 at 5:05 AM Jonathan Adler <jha5 at case.edu> wrote:

> Given some of the recent commentary on the Florida 2000 litigation, I was
> hoping someone could help with with a question I had about Bush I.
> Specificallt, on what basis (and authority) did the Supreme Court vacate
> the Florida Supreme Court's decision in Bush I if not on the grounds that
> there were constitutional limits on the extent to which the state judiciary
> could alter the work of the state legislature? Is not such a conclusion
> required by the Supreme Court's order and mandate?
>
> JHA
>
> ----
> Jonathan H. Adler
> Johan Verheij Memorial Professor of Law
> Director, Coleman P. Burke Center for Environmental Law
> Case Western Reserve University School of Law
> 11075 East Boulevard
> Cleveland, OH 44106
> ph) 216-368-2535
> fax) 216-368-2086
> cell) 202-255-3012
> jha5 at case.edu
> SSRN: http://ssrn.com/author=183995
> Blog: https://reason.com/people/jonathan-adler/
> Web: http://www.jhadler.net
>
>
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