If the Republicans are successful in enlarging their Senate majority, would that dissuade Senator Kerry from litigating so hard for the White House if Bush held a narrow lead in the electoral college?
In 2000, the evenly divided Senate meant that there was no clear preference for one party over the other in the aggregate. IMHO, that might have contributed to Al Gore's challenge in Florida--as well as the continuing myth that Bush really "didn't win" that year.
Of course, I'm assuming that Mr. Kerry would have the grace to concede a lost cause before squandering millions of dollars in legal fees.
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