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It's Bush v. Gore II at Supreme Court |
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December 12, 2000
WASHINGTON-- (UNB/AP) - George W. Bush and Al Gore are taking their battle over Florida vote recounts to a U.S. Supreme Court that already has shown its deep divisions in the case that likely will decide who becomes president. The 90-minute session Monday - each side getting 45 minutes to state its case - comes 34 days after the nation voted. It's the second time lawyers for the candidates have gone before the nation's highest court to argue over votes in Florida, whose 25 electoral votes provide the margin needed to win the White House. Bush wants the justices to reverse last Friday's stunning Florida Supreme Court ruling ordering a hand recount of more than 40,000 "undervote" ballots - those where machines could not decipher a vote for president. Gore's lawyers contend that "voters have important rights to have their ballots counted." They want the justices to uphold the Florida court's order. Peter Rubin, a legal adviser to Gore, called it "one of the most important cases the Supreme Court has ever heard. "I have no doubt that history will, to some degree, judge this court based on its decision in this case," Rubin said before the arguments. Montana Gov. Marc Racicot, a Bush backer, dismissed the idea that winning a narrowly divided court decision on the votes of five conservative justices would cost Bush legitimacy as president. "That's something that's bestowed by the American people," Racicot told CNN. The Bush campaign is arguing that a recount won't be fair because Florida counties use varying standards to determine a voter's intent. Attorneys for Gore argued in court papers that the Florida court simply placed "the voters whose votes were not tabulated by the machine on the same footing as those whose votes were so tabulated. In the end, all voters are treated equally: Ballots that reflect their intent are counted." If Gore prevails, the hand counting could continue and possibly help him overtake Bush, who leads by fewer than 200 votes. A ruling for the Texas governor would shut down the recounts. A CNN/USA Yesterday Gallup Poll conducted Sunday found a nearly even split over whether the court should allow the recount to continue - 47 percent for a recount and 49 percent against, with a margin of error of plus or minus 4 percentage points. The survey of 735 adults also found 72 percent believe the Supreme Court will rule fairly in the case. However, among people who identified themselves as Bush supporters the figure was 87 percent, while among Gore supporters it was 54 percent. The court again agreed to release a full audiotape of Monday's argument for broadcast shortly after its conclusion. But the justices stuck to their longstanding ban on television and still cameras inside the courtroom. Neither side committed to giving up if the Supreme Court issues an adverse decision, but even Gore's advisers conceded he has fewer options than Bush beyond the high court. "If no votes are counted, then I think that's the end of the road," said attorney David Boies, who was arguing the case for Gore. But Boies stopped short of saying his client would bow out if the Supreme Court ruled against him, suggesting Gore might await appeals of failed Democratic lawsuits seeking to throw out as many as 25,000 Florida absentee ballots. Bush's point man in Florida, former Secretary of State James A. Baker III, said the governor is not afraid of every vote being counted. "The question is what is every legal vote?" he said Sunday. If the justices do not end all recounts, the Republican-controlled Florida Legislature stood ready to step in and choose a slate of electors loyal to Bush. A special legislative session began Friday, and both houses could vote by Tuesday. The U.S. Supreme Court first heard arguments in the case on Dec. 1. Justices unanimously set aside the Florida court ruling and sent the case back for clarification of why it allowed ballots to be recounted after the Nov. 14 deadline set by the Florida secretary of state. In response, the Florida Supreme Court issued a 4-3 decision Friday ordering a hand recount of all undervotes statewide. Hours after the tally began Saturday, the U.S. Supreme Court voted 5-4 to grant Bush's request to halt the recount until the court determines its legality. When the counting stopped Saturday, an unofficial Associated Press survey put Bush's lead over Gore at 177 votes. The high court split along philosophical lines. Chief Justice William H. Rehnquist and Justices Sandra Day O'Connor, Antonin Scalia, Anthony M. Kennedy and Clarence Thomas voted to grant review. Scalia wrote that the action suggested most justices believed Bush "has a substantial probability of success." Justices John Paul Stevens, David H. Souter, Ruth Bader Ginsburg and Stephen G. Breyer opposed halting the recount. Writing for the four, Stevens said the majority "acted unwisely" in stopping the count. Bush's lawyers said the state court violated the Constitution and federal law when it ordered the hand recount of ballots. The court changed the rules after the election, allowed votes to be hand-counted by widely varying standards and trounced on the state Legislature's authority to decide how presidential electors are to be chosen, they contended. They also said the Florida Supreme Court lacked authority to act in the case at all. Gore's lawyers said the Florida court did not violate the Constitution or federal law, nor did it create new law that would conflict with standards set by the state Legislature. Tuesday is the date for choosing presidential electors under a provision of federal law that shields them from challenge in Congress. Members of the Electoral College will cast their votes for president on Dec. 18. --- On the Net: The Supreme Court: http://www.supremecourtus.gov
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