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Bush Campaign's Supreme Court Appeal
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Part
5: The Decision
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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 Monday, Dec. 4,
2000, The U.S. Supreme Court issued a 7-page, unsigned decision vacating a Nov.
24 ruling by the Florida Supreme Court
extending the statutory deadline for vote certification under Florida law and
allowing for recounted votes to be included in certified totals. The ruling
effectively invites the Florida Supreme Court to clarify its decision.
In simple terms, the U.S. Supreme Court has asked the Florida Supreme Court to
explain whether its action was based on its interpretation of the Florida
Constitution or Florida state law. If the Florida court based its ruling on the
Florida Constitution, the U.S. Supreme Court may see fit to take further action
in the case.Quoting
from the Supreme Court's "Per Curiam" ruling:
"Specifically, we are
unclear as to the extent to which the Florida Supreme Court saw the Florida
Constitution as circumscribing the legislature’ s authority under Art. II,
§1, cl. 2. We are also unclear as to the consideration the Florida Supreme
Court accorded to 3 U.
S. C. §5. The judgment of the Supreme Court of Florida is therefore
vacated, and the case is remanded for further proceedings not inconsistent
with this opinion."
A per curiam decision is a
decision issued in the name of the full Court rather than being signed by the
individual justices. Though not always the case, per curiam decisions usually
represent a unanimous opinion of the court.
• View
the Entire Supreme Court Ruling
The
Florida Supreme Court ruling, appealed to the U.S. Supreme Court by the Bush
campaign, extended by 12 days the state-imposed deadline for certifying election
results, allowing hand-recounted votes to be included.
In
taking the action it did, the U.S. Supreme Court declined to rule on whether the
Florida court violated provisions of Article
II, section 1, clause 2 of the U.S. Constitution and Title
3, chapter 1, section 5 of the federal election laws.
Citing
a 1940 U.S. Supreme Court ruling, the justices wrote, "After reviewing the
opinion of the Florida Supreme Court, we find 'that there is considerable
uncertainty as to the precise grounds for the decision,'" and continued,
"This is sufficient reason for us to decline at this time to review the
federal questions asserted to be present."
Pending further action by the
Florida Supreme Court, the U.S. Supreme Court's decision in this case -- Bush v.
Palm Beach County Canvassing Board -- sets Florida statewide vote results back
to those as counted on November 14, which showed George W. Bush leading Al Gore
by 930 votes.
The Florida Supreme Court is currently considering its response
to the U.S. Supreme Court's ruling.
•
Florida
Supreme Court Web Site
• Florida Supreme
Court Clerk's Office
Audio
Transcript of Supreme Court's 12/01/00 Hearing via CNN (RealPlayer)
Other 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.
Here are two great
resources related to this story:
All are from About Guide to
Legal Current Events Paul S. Reed, J.D.
