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...Even that last bastion of presumed objectivity, the U.S. Supreme Court, is deeply divided along political lines; six of the bench's nine justices (Scalia, Thomas, Ginsburg, Souter, Stevens and Breyer) are solidly committed to ideological positions they are considered extremely unlikely to abandon. That divide was never more clear than on Saturday, when the Court voted 5-4 to stay the Democrats' recount effort in Florida...

Author: /time Magazine | Title: The Three Who Could Decide | 12/11/2000 | See Source »

...this is good news for the Gore team, since such a divide leaves only Justices Scalia and Thomas to defend the conservative line; Justices Souter, Ginsburg, Breyer and Stevens would need only one of the wavering votes to reverse the stay on the Florida recount...

Author: /time Magazine | Title: The Three Who Could Decide | 12/11/2000 | See Source »

...Since the Court granted George W. Bush his stay by split decision Saturday, the race has been on to daub the nine Justices with the same red and blue blood as the rest of us, with Scalia and Breyer holding up the battle flags. When Scalia stepped out front to say the words Gore didn't want to hear - "a majority of the court... believe that the petitioner has a substantial probability of success," some legal experts called it the understatement of the year. On Monday, the highest court in the land was going to call the game...

Author: /time Magazine | Title: What the Supreme Court Might Do | 12/11/2000 | See Source »

...count, the Court gives David Boies exactly the hand count he never wanted. (If there are any holdouts, it'll be a Ginsburg or a Breyer, unable to bring themselves to say an unkind word about the Florida Supremes.) Rehnquist, with Scalia playing bad cop, will herd the Justices to their left into remanding the case back to the Florida court - with very specific instructions. Counting all the undervotes, Broward and Volusia and the Miami-Dade 20 percent. And Palm Beach too, just to be thorough...

Author: /time Magazine | Title: What the Supreme Court Might Do | 12/11/2000 | See Source »

...STEPHEN BREYER APPOINTED BY Bill Clinton (1994) A cautious jurist who usually votes with court liberals - except on criminal cases - Breyer is a pragmatist. In the first round of oral arguments in this case, he wanted to know the real consequences that would flow if the Court decided one way or another...

Author: /time Magazine | Title: How the Nine Supremes Line Up | 12/10/2000 | See Source »

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