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WASHINGTON (AP) The U.S. Supreme Court tossed the presidential
hand-recount case back to the Florida Supreme Court on Monday,
saying the state court's reasoning in extending a deadline for
counting votes was unclear.
The high court's action was overshadowed within hours by a
Florida judge's rejection of the overall election challenge by Al
Gore a ruling that could wind up making the U.S. Supreme Court
case moot.
Three days after a historic session of arguments, the nation's
highest court unanimously set aside the ruling by Florida's top
court that let Al Gore pull within 537 votes of George W. Bush's
total. But the justices avoided a decision on Bush's claim that the
extended deadline for recounted votes was unlawful.
The justices' unsigned opinion said the Florida Supreme Court
ruling was unclear and asked that court to restate its legal
reasoning.
The U.S. Supreme Court said, "After reviewing the opinion of
the Florida Supreme Court, we find that there is considerable
uncertainty as to the precise grounds for the decision. This is
sufficient reason for us to decline at this time to review the
federal questions" raised by Bush's appeal.
"They punted," said Mary Cheh, a George Washington University
law professor. "They've just thrown this hot potato back to the
Florida Supreme Court."
Bush's team described the Supreme Court action as a win. At the
Texas governor's mansion, Bush said, "We're pleased with the
decision. I think America ought to be comforted to know that the
highest court in the land is going to make sure the outcome of this
election is a fair outcome."
Gore adviser Greg Simon played down the high court's action as
"just a timeout. ... This doesn't move the ball either way."
Florida Supreme Court spokesman Craig Waters said the court
would ask both sides to file briefs in response to the U.S. Supreme
Court's ruling, but that the seven members of Florida's high court
had not decided whether new oral arguments were needed.
If the Florida Supreme Court reinstated its Nov. 21 decision,
that would let Gore keep the votes that cut Bush's margin from 930
votes to 537. Bush then could seek to overturn such a decision by
filing a new appeal to the nation's highest court. The justices
would decide again whether to grant or deny review.
But the case could become moot if Gore loses his effort to win
more votes to put him over the top the subject of the state court
ruling against Gore on Monday.
University of Virginia law professor A.E. Dick Howard said that
with Monday's high court ruling, "There is no big win for
anyone."
Bush was able to get the Florida Supreme Court ruling set aside,
Howard noted, but Gore also got a chance for that court to
reinstate that ruling and reinforce its legal underpinnings.
"Neither side goes away empty-handed," Howard said.
Pepperdine University law professor Douglas Kmiec said the
Supreme Court issued its ruling "in a way that shows enormous
respect" for state courts.
The justices asked the Florida court to explain to what extent
the Florida Constitution's guarantee of a right to vote limits the
state Legislature's authority to choose presidential electors.
The federal Constitution allows state legislators to govern the
choice of electors, and during last week's argument Chief Justice
William H. Rehnquist and Justice Antonin Scalia questioned whether
the state court was trying to use state law to trump the federal
Constitution.
The justices also asked the Florida court to clarify what
consideration it gave to an 1887 law that makes states' choices of
presidential electors binding on Congress as long as disputes were
resolved under laws enacted before the election.
During Friday's argument, Justice Ruth Bader Ginsburg had
suggested the court might send the case back to the Florida court
to clarify such issues.
Howard said that during last week's argument "the justices were
all over the map. ... Today's order is the only way I could imagine
them doing something unanimously."
On the Net: For the Supreme Court web site:
http://www.supremecourtus.gov
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