Bush Lawyers Return to Supreme Court as Florida Ruling Raises Obstacles

Strategic Insights -

The Florida Supreme Court's 4-to-3 majority navigated with evident care around the two major obstacles posed by Monday's order from the United States Supreme Court, showing that a decision to order further recounts was compelled by the Florida election code and grounded in choices made and priorities set by the state Legislature. The lawyers for Governor Bush filed an application tonight asking for a stay of the Florida decision as a preface for filing a formal appeal on Saturday, while the justices in Washington are scheduled to sit to hand down opinions on Sunday or Monday. The decision to appeal was anticipated by both the majority and the dissenting justices on the Florida court, with Chief Justice Charles T. Wells identifying Article II, Section 1, Clause 2 of the Constitution as the source of his complaint.

Key Takeaways:

  • The Florida Supreme Court's 4-to-3 majority ruling navigated around the two major obstacles posed by Monday's order from the United States Supreme Court, requiring them to show that a decision to order further recounts was compelled by the Florida election code and grounded in choices made and priorities set by the state Legislature.
  • The lawyers for Governor Bush filed an application tonight asking for a stay of the Florida decision, as the justices in Washington are scheduled to sit to hand down opinions on Sunday or Monday.
  • The decision to appeal was anticipated by both the majority and the dissenting justices on the Florida court.
  • Chief Justice Charles T. Wells identified Article II, Section 1, Clause 2 of the Constitution as the source of his complaint.
  • The ruling seeded its 40-page opinion with abundant references to Florida statutes, and the majority opinion observed that courts hearing election contests were to "ensure that each allegation in the complaint is investigated, examined, or checked, to prevent or correct any alleged wrong".
  • The Florida court cited precedents designed to show that it was interpreting but not changing existing law.
  • The institutional bitterness on the Florida court was a reminder to the justices in Washington of the institutional bullet they themselves had dodged last weekend.

Statistics:

  • 4-to-3 majority ruling by the Florida Supreme Court.
  • 40-page opinion seeded with abundant references to Florida statutes.
  • 2 major obstacles posed by Monday's order from the United States Supreme Court.
  • 1 Article II, Section 1, Clause 2 of the Constitution identified by Chief Justice Wells as the source of his complaint.

Sources:

  • "The Florida Court Ruling" by the New York Times, undated.
  • "The Order from the United States Supreme Court" by the US Supreme Court, undated.
  • "The Florida Supreme Court Opinion" by the Florida Supreme Court, undated.
  • "The US Supreme Court's Order" by the US Supreme Court, undated.