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Supreme Court hands presidency to Bush
Gore suspends vote-counting campaign, is expected to concede at Wednesday night

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By Salon staff

Dec. 12, 2000 | We have come to the end of the road. Vice President Al Gore has suspended the activities of his recount committee, has sent home the workers who were leading the battle and plans to address the nation at 9 p.m. EST Wednesday in what the Associated Press reports will be a concession speech. His running mate, Sen. Joseph Lieberman, is expected to speak briefly before Gore.

Gov. George W. Bush plans to speak at 10 p.m.




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These moves come in the wake of a bitterly divided decision by the U.S. Supreme Court late Tuesday evening, ruling that the manual recount of votes in Florida was unconstitutional. The decision is certain to be among the most controversial ever made by the nation's highest judicial body.

Technically, the court remanded the case to the Florida Supreme Court, instructing it to come up with a constitutionally defensible argument for its order. But it also made clear that, to a majority of the court, such a defense simply did not exist, and that time had run out.

"Seven Justices of the Court agree that there are constitutional problems with the recount order by the Florida Supreme Court that demand a remedy," the majority opinion ruled.

In a blistering dissent, Justice John Paul Stevens blasted the majority opinion as undercutting the highest court's moral authority. "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."

Justices David Souter, Ruth Bader Ginsburg and Stephen Breyer also wrote dissenting opinions. The five members of the majority were Chief Justice William Rehnquist and Justices Antonin Scalia, Anthony Kennedy, Sandra Day O'Connor and Clarence Thomas.

While dissenting from the finding for Bush, Breyer and Souter joined the majority in finding that the lack of uniform standards for counting ballots during the recount was unconstitutional.

The court issued its ruling at 10 p.m. EST, two hours before the Dec. 12 deadline for protecting the state's electors from congressional challenge. Although many legal commentators insisted the so-called deadline really wasn't one, the court majority apparently disagreed. The unsigned opinion said Florida couldn't come up with a way to recount the votes that met "minimal constitutional standards" as well as the Dec. 12 deadline.

While Souter and Breyer agreed that the lack of uniform standards for the recount violated the due-process and equal-protection provisions of the Constitution, they said the recount should have been restarted and finished in time for the Dec. 18 meeting of Electoral College members.

In separate opinions, the court's most conservative members -- Rehnquist, Scalia and Thomas -- insisted the Florida Supreme Court had violated state law in ordering the recount.

. Next page | Public strife among Democrats
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Photograph by AP/Wide World


 



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