Supreme Court Stops Fla. Recount

By Anne Gearan Associated Press Writer Saturday, Dec. 9, 2000; 3:05 p.m. EST

WASHINGTON –– A divided U.S. Supreme Court stepped dramatically back into the nation's contested presidential election Saturday, halting manual recounts in Florida and setting arguments for Monday in the case.

The ruling was 5-4, and came as local election boards in scattered locations in Florida labored to carry out a state Supreme Court order for a manual recount of an estimated 45,000 ballots.

Chief Justice William Rehnquist and Justices Anthony Kennedy, Antonin Scalia, Clarence Thomas and Sandra Day O'Connor voted to halt the counts. Justices John Paul Stevens, Stephen Breyer, Ruth Bader Ginsburg and David Souter dissented.

The majority's order was contained in one brief paragraph. Scalia wrote an unusual accompanying statement making plain that he believes Bush had the stronger argument.

"It suffices to say that the issuance of the stay suggests that a majority of the court, while not deciding the issues presented, believe that the petitioner has a substantial probability of success," Scalia wrote.

For the dissenters, Stevens said, "To stop the counting of legal votes, the majority today departs from" the rules of judicial restraint.

Lawyers for George W. Bush and Al Gore were commanded to appear for oral arguments on Monday morning – the day before the informal deadline for appointment of the state's 25 electoral votes.

The high court issued its edict a few moments after the U.S. 11th Circuit Court of Appeals in Atlanta denied Bush's emergency motion to stop the recount but ordered Florida officials not to change previously certified results declaring him the winner by 537 votes.

About 50 Bush supporters outside the Leon County library shouted "Give it up Gore" and sang "Nah, nah, nah, nah, hey, hey, hey, goodbye" when they learned of the U.S. Supreme Court decision. In Orange County, the canvassing board ordered a halt to the counting but told workers to sit tight.

© Copyright 2000 The Associated Press

-- Anonymous, December 09, 2000

Answers

Screw the courts! All of 'em. Poole in a previous post laid out the battlefield and it's about time this battle was fought.

The constitutionally guaranteed supremacy of our ELECTED is about to be tested and I for one hope the constitution wins.

-- Anonymous, December 09, 2000

Carlos,

We have actually had a "constitutional crisis" for some time now. The whole point of a democracy is to make the laws of the republic reflect the will of the people. If anyone -- be it a bureaucrat or activist judge -- can make rules with the force of law, a red flag should go up.

And if those bureaucrats and justices can arbitrarily ignore the law when it's inconvenient, the very fabric of the republic itself is in grave danger.

The way it's SUPPOSED to work is, if this election has uncovered flaws in our voting system (and I believe it has), we need better laws. The answer is NOT for the judiciary to "fashion" a compromise solution out of whole cloth.

Florida law is as clear as a bell, and only a liberal supreme court justice could find otherwise. Recounts are to be reserved for special, exceptional cases, such as when the machines are believed to be in error, or when outright fraud and tampering is suspected. Neither is the case here.

I fully expect the USSC to reverse the Florida ruling (*and* scold the Florida justices besides). The only question will be the majority: 9-0 (not likely)? 6-3 (my guess).

-- Anonymous, December 09, 2000

What...You think I misunderstand? Misunderstood you?

This opportunity won't come again (I hope) in our lifetime. The chance to demonstrate with CLARITY just who's the hell in charge can be demostrated and drilled in here. Let's hope the ELECTED members in Florida and the ELECTED members in Congress don't shirk.

-- Anonymous, December 09, 2000

Carlos,

No, I didn't think you misunderstood. I used your shoulders as a convenient soapbox. :)

-- Anonymous, December 10, 2000

No problem Carlos, the votes have BEEN in, they have BEEN certified. Bush won. No need to change the rules to count dimples only in Democratic counties, or in all counties EXCEPT Broward and Palm Beach with different standards, some dimples counting as a "vote" in some counties, while the same type dimples do NOT count in others. The attempt to overthrow a valid election is over folks, the SCOTUS will so conclude early next week.

-- Anonymous, December 10, 2000