I’m reminded of this because of a conversation going on at Althouse’s regarding the 60 Minutes interview with Justice Scalia that will air on Sunday. From one of the sound bites that CBS has released in advance of broadcasting the interview, Justice Scalia speaks about Bush v Gore:

“It was Al Gore who made it a judicial question…. We didn’t go looking for trouble. It was he who said, ‘I want this to be decided by the courts,'” says Scalia. “What are we supposed to say — ‘Not important enough?'”

Coming back to the present and near future, let’s look at the Democrat convention in Colorado in August.

Neither candidate has enough pledged delegates to cinch the nomination.

Two states’ delegates were reduced to zero as punishment from the Democratic National Committee for holding their primaries prior to Iowa and New Hampshire.

Hillary Clinton has said that she has the lead in actual votes versus pledged delegates, but that counts votes in Florida and Michigan where Barack Obama wasn’t even on the ballot.

The vote count also doesn’t include the counts of people in caucuses where Barack Obama did better than Hillary Clinton.

The nomination will come down to the Super delegates, those professional politicians who were designated to be the “choosers” to avoid another McGovern debacle.

In the end, the Democrat nominee will be selected, not elected.

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