Bush v. Palm Beach Canvassing Board - The Nov. 21 ruling by the Florida Supreme Court allowing hand recounts in Florida counties to continue.

Why the Bush Campaign is Appealing to the Supreme Court
The Bush campaign contends that when the Florida Supreme Court (in Bush v. Palm Beach Canvassing Board) set the date deadlines for Florida counties to complete their recounts, they effectively changed electoral vote deadlines and vote recount processes set by federal law. In doing this, the Bush campaign contends the Florida justices violated the constitutional concept of "separation of powers" between the federal and state governments.

See: U.S. Code, Title 3, Chapter 1, Sec. 5: - Determination of controversy as to appointment of electors

Secondly, the Bush campaign argues that the Florida Supreme Court's action allowed the Florida counties to use different standards for counting the ballots in violation of a Florida law forbidding changing election rules after the election. (The Florida court's ruling did not address vote counting standards. According to the Bush legal team, this allowed the counties to use arbitrary and differing standards.)

Finally, the Bush team argues that the use of different recount methods in the Florida counties violates both the "equal protection" and "due process" clauses of the U.S. Constitution by treating voters in the three counties differently.

"The effect of the court's opinion will be that voters' votes are being evaluated differently in different parts of Florida," stated Bush in response to the Florida Supreme Court's ruling.

The "equal protection" and "due process" clauses are both contained in Section 1 of the 14th Amendment:

"Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." - U.S. Constitution, 14th Amendment

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