IN
THE BROWNS' GARAGE, Encyclopedia and Sally cowered behind
the family station wagon, trying not to make a sound. Outside,
Justice Antonin Scalia hammered at the garage door with his meaty
fist.
"Encyclopedia
no está aquí," Encyclopedia said in a high-pitched
and unconvincing Spanish accent.
"We
need your help," shouted Justice Ruth Bader Ginsburg. "We
have a case that calls into question the fundamental principle
of checks and balances." Justice Ginsburg is a liberal jurist
who looks something like a plankton-eating deep-sea creature.
Reluctantly,
Encyclopedia opened the door and let the Supreme Court in. Justice
Clarence Thomas presented him with a stack of legal papers labeled
Bush v. Gore et al. Thomas said nothing, as is his custom.
Encyclopedia
frowned as he flipped through the briefs. The language is
obtuse and the arguments unsatisfactory and self-serving,
he commented.
Precisely
why we need your help, Chief Justice Rehnquist said. We
cant make heads or tails of this stuff.
Encyclopedia
sighed heavily. Well, I'd better get to work. Can you keep
our distinguished jurists busy, Sally?
Come
on, gang, Sally said, clapping her hands excitedly. Everyone
out on the driveway for double dutch!"
Sally
and Justice David Souter swung the long jump ropes, and the rest
of the justices took their turns in the middle, singing One
two three four, Justice Kennedy come in the door, five, six, seven,
eight, Justice Breyer, dont be late. Meanwhile, Encyclopedia
began drafting an opinion in the case of Bush v. Gore.
Encyclopedia soon realized that neither side had proposed a solution
that would guarantee fair treatment of the candidates under the
equal protection doctrine and ensure that the will of the people
is reflected in the ultimate winner of the election. He also discovered
that both legal teams used "i.e." when they should have
used "e.g."
Working
quickly, Encyclopedia wrote out a scheme consistent with Florida
election law and the Constitutional provisions for appointing
electors by a specific date, while also making sure that all untallied
ballots would be inspected in a uniform, fair and timely manner.
As the
justices mopped their browssome for the first time in decadesand
helped Sally coil her ropes, Encyclopedia summarized his opinion
and concluded, Now if you follow this, well have a
resolution that heads off a constitutional crisis and allows the
Court to retain the moral high ground and endure as the respected,
impartial final arbiter of legal disputes.
Well-satisfied,
the justices took Encyclopedias three-page opinion to Washington
D.C., and Sally and Encyclopedia went out for ice cream to celebrate
the saving of democracy. However, when Sally and Encyclopedia
returned home and turned on the television, they saw a live election
bulletin in which a legal expert on the steps of the
Supreme Court thumbed through a thick booklet and declared, This
election has effectively been ended by a 5-to-4 split decision.
Encyclopedia and Sally noticed someone in the corner of the screen
lurking behind the legal expert. This mysterious figure was dressed
in a Tigers jacket and was carrying a large leather briefcase.
Bugs!
Sally cried. He got the justices to ignore your findings,
Encyclopedia! But how?
Encyclopedia
grabbed his coat. We'd better get to Washington and find
out.