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Bush Campaign's Supreme Court Appeal
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Part
4: The Hearing
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"Given the extreme
closeness of the current results, a federally supervised revote in ALL
counties using that system would be the only fair way to deal with this."
WRITER89
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On Friday, Dec. 1, 2000, the
U.S. Supreme Court will, for the first time in its 210-year history, hear an
appeal involving a presidential election. While the court will not decided who
the next president will be, its decision may have precedent-setting impact on
the outcome of Election 2000.
Audio
Transcript of Supreme Court Hearing via CNN (RealPlayer)
The court will hear arguments on the
George W. Bush campaign's appeal titled, Bush
v. Palm Beach Canvassing Board, challenging the Nov. 21 ruling by the
Florida Supreme Court to allow hand recounts in Florida counties to continue. Specifically,
the court will hear arguments on two questions posed by the Bush campaign in its
request to the Supreme Court to hear its appeal:
- Whether post-election
judicial limitations on the discretion granted by the legislature to state
executive officials to certify election results, and/or post-election judicially
created standards for the determination of controversies concerning the
appointment of presidential electors, violate the Due Process Clause or 3
U.S.C.
§ 5, which requires that a State resolve controversies relating to the
appointment of electors under laws enacted prior to election day.
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Whether the state courts decision, which cannot be reconciled with state
statutes enacted before the election was held, is inconsistent with Article II,
Section 1, clause 2 of the Constitution, which provides that electors shall be
appointed by each State in such Manner as the Legislature thereof may direct.
In agreeing to hear the Bush
campaign's appeal, the Supreme Court also asked attorneys for both sides provide
answers to the following question:
- What would be the consequences of this Courts (U.S. Supreme Court) finding that the decision
of the Supreme Court of Florida does not comply with 3
U.S.C. Sec. 5?
Section 5, of Title 3 U.S.C. (United States Code) states, in full:
Determination of controversy as to appointment of electors
"If any State shall have provided, by laws enacted prior to the day
fixed for the appointment of the electors, for its final determination of
any controversy or contest concerning the appointment of all or any of the
electors of such State, by judicial or other methods or procedures, and such
determination shall have been made at least six days before the time fixed
for the meeting of the electors, such determination made pursuant to such
law so existing on said day, and made at least six days prior to said time
of meeting of the electors, shall be conclusive, and shall govern in the
counting of the electoral votes as provided in the Constitution, and as
hereinafter regulated, so far as the ascertainment of the electors appointed
by such State is concerned."
Legal Documents Involved (all are in .pdf format from Jurist)
Bush
Campaign's petition asking the U.S. Supreme Court to hear his appeal.
Supreme
Court Order agreeing to consider the Bush appeal.
Bush Campaign's brief
to the U.S. Supreme Court
Gore Campaign's brief
in opposition to the Bush appeal.
Bush Campaign's reply
brief to Gore's opposing brief.
Each side will be allowed a total 45 minutes for their presentation before
the court.
In keeping with its tradition, the Supreme Court refused to allow
television cameras into the courtroom during the hearing. The court did,
however, agree to make audio tapes and written transcripts available as soon
after the hearing as possible. Links to these documents will be provided here
as soon as they are available.
"The day you see a camera roll into this courtroom, it will be
rolling over my dead body." -- U.S. Supreme Court Justice
David Souter.
How might the Supreme Court rule in this case?
See: U.S.
Supreme Court Hopes to Steady Election Ship
With the acceptance of two questions proposed by the Republicans,
and the posing of
a third, the U.S. Supreme Court has, in effect, declared a near constitutional
crisis over the selection of the next President. Law Guide Paul S. Reed,
J.D., predicts the result.
Can
the Supreme Court be Fair?
Bush supporters are claiming that the Florida Supreme court is biased since it
is made up of politically-appointed judges. But doesn't that mean the US
Supreme Court is equally biased in favor of Bush? About US Politics'
Guide John Aravosis examines the issue.
Here are two great
resources related to this story:
All are from About Guide to
Legal Current Events Paul S. Reed, J.D.
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