Word: connore
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...with pressure mounting for Gore to concede, it was far from clear that Boies had convinced either Justice Anthony Kennedy or Justice Sandra Day O'Connor, who are generally considered moderates but sided with Bush on Saturday...
...energetic session; the Justices (other than the always taciturn Thomas and the unusually quiet Rehnquist) peppered Bush attorney Ted Olson with pointed questions. First up: Why is this case a federal issue? Justice Kennedy, widely considered one of three possible "swing votes," along with Rehnquist and O'Connor, was particularly concerned about whether the Court should consider the case...
...Gore attorney's appearance prompted quite a few barbed queries from Justice Scalia, who was audibly displeased with several of Boies' responses. Justice O'Connor, as well, posed tough questions to the Gore lawyer; at one point she asked him why the Florida Supreme Court had not responded to the high court's remand of a decision to extend the certification deadline. Boies didn't seem to have an answer...
...Befitting their belief the recount should continue, Justices Breyer and Souter seemed particularly interested in establishing a standard both parties could accept, while O'Connor sounded annoyed that the dilemma existed in the first place. "Why isn't the standard what the voter are instructed?" she demanded. "The instructions couldn't be clearer, for goodness' sake...
...trial, there was little evidence of any vote-switching - Souter, Breyer, Ginsburg and Stevens seemed fairly convinced of the importance of a recount and primarily concerned about establishing a workable counting standard. Scalia seemed prepared to dismiss the contest altogether, while Kennedy and O'Connor appeared genuinely troubled by the implications - for voters as well as the candidates - any decision might bring...