Blood on the Crossroads

There will be more blood on the crossroads where law and politics meet
                                                -Judge Robert Bork, The Tempting of America

Here it comes.  We've all been dreading the day when the process of counting ballots in the presidential race becomes a legal issue.  Some folks say there is a constitutional crisis, others say there isn't.  But none of that matters now: the crisis point has passed, the war is engaged.

We all should know what is at stake here.  No, not the presidency.  What is at stake is the nature of what divides us.  Remember that culture war I was talking about?  Here it is.

For those who don't know, let me explain what is now occurring.  The conservatives have seen what they believe has been a grab for power by the 'intellectual elite' rising over the last 30 years, from the politicizing of the Vietnam war to the defense of immorality on the part of the top executive.  If you read Judge Bork's opinions, there has been an infiltration of the 'intellectual class' into the education system, which has produced lawyers and judges ready to dismantle the constitution.  For their part, the liberals have watched what they think is a cold-hearted, increasingly more blatant and brutal use of power on the part of the conservatives, who have always wielded the power in this country.  Authoritarian politics continue to be practiced by the minions of the 'religious class' against the will of the people, with stalwarts like Jesse Helms and Newt Gingrich.  Liberals routinely watch the people pounded in the courts by the battery of attorneys always flanking the rich, powerful, and self-righteous.

And now the lawyers and judges have it.  No matter who wins, the world will have gone to hell in a handbasket.  Suspicious conservatives will become certain of their fears: the elite are in charge.  Worried liberals will watch an election brutally wrested from the people in plain sight.  The people have spoken: they distrust each other immensely, and will be less tolerant in the coming days, regardless of the presidential thief.

And through it all, we will see once again the hypocritic, the moronic, the unconscionable, the slavish, the dimwitted, sheepish acquiescence to partisan slogans.

Since I'm so good at guessing the future, allow me to call the outcome.  Coming into the weekend of the 18th, it is clear to me the general course which will be followed.  The feinting by the demos toward the courts, which drew the repubs offside (into the courts first), had to do with illegal ballots and other anomalies, with a call to revote.  The repubs fell for it at first, tried a little halting PR, but finally decided the best way is to bulldoze through, screw the PR, and claim the prize at the first opportunity.  They came very close to stopping the demos from tying them up entirely in court.  The demo stopped trying to feint, and played defense to protect their plan to at least get the hand count.  They won.

I know that Gore had good reason to suspect that many of his votes were not counted, whether he thinks fraud of simple error, because the exit polls are generally pretty accurate, and he had a sizable lead.  The Bush camp obviously suspects this too.  If the hand count is ultimately a Gore victory, here is what will happen:

The case will go to the Florida Supreme Court, which will decide that hand counts are more reliable than machine counts, and then allow any counties which have not asked for a hand count to perform one if they wish.  Many if not all counties will wish.  The decision will be taken to the U.S. Supreme Court, which will hear the case but make a quick ruling in favor of the jurisdiction of the Florida Supreme Court.  Gore wins the election.

Nobody wins the war.
 

November 18, 2000