Some people are now arguing that the Hillary camp position, (that Florida and Michigan should be counted as normal and without penalty) is simply a normal case of rules/guidelines.
This argument, as explained by Ann Althouse here, goes:
This isn't insanity. It's...[q]uite normal. If the rules help you, you insist on the importance of rules. If the rules hurt you, they are mere guidelines that must bend flexibly for the sake of justice.
I believe that it is true that often, whether in court or other decision, when one side has sympathetic facts, but the other side has the rules on its side, that there is always a question as to whether to go hard line with the rules or whether to relax/bend the rules to allow a more fair decision in the place of the sympathetic situation.
For example, in a contract between a simple farmer and a huge company that sells equipment, we may be more likely to invalidate as unconcionable certain terms the company has barried into a formal, legalistic, and complex contract, then we would be to do so in say, a contract between Google and Microsoft.
But that is a ridiculous prism with witch to view the situation here. The rules are against Hilliary, AND THE FACTS ARE ALSO AGAINST HILLARY.
lets look at some FACTS:
FACT: Obama didn't campaign in Florida
FACT: Clinton did
FACT: Obama didn't have a name on the ballot in Michigan (despite the campaign for voting ofr no candidates that they had there)
FACT: Clinton did.
But wait, says the Hillary supporter, what about the fact that Hillary won/is winning the "popular vote?"
Answer: not a fact. Its speculation at best. First, you couldn't possibly count the votes int the caucus states. Second, defining the popular vote as including Florida and Michigan to make that argument is inherently circular.
Acording to DNC rules, it seems, even pledged delegates don't officially have to vote for the candidate they were elected for. This is pretty clear about Electorial voters in the general election too.
Now there are some rules that we might say are bad if they cause a "real winner" to loose.
but lets not delude ourselves into thinking that counting Florida and Michigan regularly is in the interest of justice-its in the interest of the DNC in November at best.