Robert C. Touchston v. Michael McDermott

TJOFLAT, Circuit Judge,

dissenting, in which BIRCH and DUBINA, Circuit Judges, join, and in which CARNES, Circuit Judge, joins as to Part V:

Following the November 7, 2000 general election, the Florida Supreme Court handed down a decision in Palm Beach County Canvassing Bd. v. Harris, 772 So.2d 1220 (Fla.), vacated by Bush v. Palm Beach County Canvassing Bd., — U.S. -, 121 S.Ct. 471, — L.Ed.2d - (2000), that changed the standards for counting votes and certifying vote totals in the race for President and Vice President of the United States. Specifically, the supreme court gave its imprimatur to…