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Supreme Court Rules for Bush


Updated 10:48 PM ET December 12, 2000
By RON FOURNIER, Associated Press Writer
WASHINGTON (AP) - A U.S. Supreme Court as divided as the nation's voters
ruled for George W. Bush in the Florida presidential election case Tuesday
night, reversing a state court decision that had ordered new recounts sought
by Al Gore.

In an extraordinary late-night decision that unfolded on national television,
the justices said the recount ordered by the Florida Supreme Court violated
equal rights and there was not enough time to conduct a new effort that would
meet constitutional muster.

"Because it is evident that any recount seeking to meet the Dec. 12 date will
be unconstitutional ... we reverse the judgment of the Supreme Court of
Florida ordering the recount to proceed," the court said.

The campaigns, Bush and Gore alike, were poring over the complex and detailed
ruling, which came five weeks to the day after the presidential election.
Florida's 25 electoral votes would decide the winner.

On Monday, Gore's Democratic running mate, Joseph Lieberman, had said that if
the Supreme Court "basically overrules the Florida Supreme Court ... that's
probably the end of it."

Gore lawyer Laurence Tribe told NBC-TV he disagreed with the decision, but "I
think the courts' place in our lives is such that we all should rally around
even if we disagree with the results."

The court's unsigned opinion said seven justices agreed that there were
constitutional problems with the recount ordered by the Florida court, but
that they disagreed on the remedy.

"It is obvious that the recount cannot be conducted in compliance with the
requirements of equal protection and due process without substantial
additional work," the court said.

But the majority said that because Florida lawmakers intended in effect to
complete the choosing of electors by Dec. 12 an order requiring a new recount
"could not be part of an appropriate" remedy.

The court issued its ruling in an unsigned opinion. Chief Justice William H.
Rehnquist and Justices Antonin Scalia and Clarence Thomas went further in a
separate opinion, saying the Florida Supreme Court also violated the
Constitution and federal law in ordering the recount.

In a blistering dissent, Justice John Paul Stevens called the Bush legal
appeal a "federal assault" on the laws of the state of Florida.

"Time will one day heal the wound to that confidence that will be inflicted
by today's decision. One thing, however, is certain. Although we may never
know with complete certainty the identity of the winner of this year's
presidential election, the identity of the loser is perfectly clear. It is
the nation's confidence in the judge as an impartial guardian of the rule of
law," Stevens wrote in a dissent joined by justices Ruth Bader Ginsburg and
Stephen Breyer. Also dissenting was Justice David Souter.

Justices Sandra Day O'Connor and Anthony M. Kennedy did not sign any separate
opinion, but their votes were counted in the main unsigned opinion.

Without a recount, the certification of Bush as the winner of Florida's 25
electoral votes - and thus the presidency - would stand.

In Florida, meanwhile, the state House approved a resolution that would send
the Bush electors to the Electoral College if he lost in the high court.

"The 2000 presidential election is spiraling out of control and we must stop
it now," Republican Rep. Paula Dockery said during a heated debate in
Tallahassee over GOP plans to select electors loyal to Bush. The Florida
House passed the resolution, 79-41, and the Senate moved toward a possible
vote on Wednesday.

A few blocks away, Gore's options were reduced further when the Florida
Supreme Court refused to disqualify thousands of absentee votes, many of them
for Bush. Democratic attorneys had challenged the ballot applications, and
Gore had expressed sympathy with the case.

The ruling meant the U.S. Supreme Court was Gore's last stand.

"It's down to game, set and perhaps match," said Bush ally Bill Owens, the
Republican governor of Colorado.

About 100 demonstrators gathered outside the nation's high court in
Washington, carrying signs and often arguing among themselves. Even the Man
of Steel didn't think the wait was so super; Scott LoBaido of New York,
dressed as Superman, lugged a two-sided sign proclaiming this was "The End"
and it was time to say "Good Night, Al. The Party Is Over."

Tuesday was a deadline of sorts for states to certify their presidential
electors, but both sides were focused on Dec. 18, when the Electoral College
will cast its presidential votes, and on an early January deadline for
Congress to count them. Florida's 25 votes would put either man over 270, the
total needed to become America's 43rd president.

Bush was in Texas and Gore in Washington as the justices considered the vice
president's appeal to restart the manual recounts that had been ordered last
Friday by the Florida Supreme Court. In a split decision, the nation's high
court had stopped the counting Saturday pending arguments and a ruling this
week.

Both presidents-in-waiting tinkered with contingency plans, not knowing
whether best- or worst-case scenarios would be needed.

Affirming the state Supreme Court would jeopardize Bush's razor-thin lead in
Florida. Without recounts, Gore's presidential campaign would end, advisers
said.

If Bush won in the Supreme Court, aides said, the Texas governor would keep
appointments on a slow track, proceeding first with a series of actions to
show the country he could heal divisions created by the marathon election.

He would be likely to deliver a high-minded unifying speech, then meet with
congressional leaders, including Democrats, and perhaps President Clinton
before making public his transition plans, advisers said.

Nerves were frayed on both sides.

Gore's advisers heard rumors at midmorning that a ruling was imminent. The
gossip was reported as fact to the vice president before aides realized it
was wrong. A senior Bush adviser said Tuesday was the longest day of his
life; it was not quite noon at the time.




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