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Bush Campaign's Supreme Court Appeal | |
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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. 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:
In agreeing to hear the Bush
campaign's appeal, the Supreme Court also asked attorneys for both sides provide
answers to the following question:
Audio
Transcript of Supreme Court Hearing via CNN (RealPlayer)
- What would be the consequences of this Court’s (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.
