Does the Supreme Court Rush in Where Wise Judges Would Fear to Tread?
[Commentary] Professor William G. Ross, Cumberland School of Law, Samford University The U.S. Supreme Courts intervention in the disputed presidential election was virtually inevitable, despite wishful predictions by Democrats that the Court would not meddle with state election law. As countless commentators have pointed out, the electoral impasse provides yet another illustration of the wisdom of Alexis de Tocquevilles overworked observation that scarcely any political question arises in the United States that is not resolved, sooner or later, into a judicial question. A corollary to this truism is that any major judicial question eventually finds its way to the Supreme Court. As has happened so often in American history, the Court may attempt to answer questions that the political process has failed to resolve. In particular, the Court is expected to address the constitutionality of the Florida Supreme Courts decision requiring the Florida Secretary of State to extend by eleven days
