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...first time. Then the U.S. Supreme Court joined the battle. In another acrimonious split decision - this one 5 to 4 - the Justices halted the recount and scheduled oral arguments for Monday on George W. Bush's claim that the manual counts are unconstitutional and could do "irreparable harm" to his candidacy. Al Gore's top lawyer, David Boies, was eating lunch with another hotshot lawyer, Stephen Zack, when the news came over the television. Boise threw up his hands and cried, "What possible irreparable harm could they be talking about?" At that moment, 700 miles to the north, an aide...

Author: /time Magazine | Title: The War This Time | 12/10/2000 | See Source »

...five Justices now in the "conservative" box - Rehnquist, Scalia, Thomas, O'Connor and Kennedy - evidently agreed with Bush's claim that the undervote count was not only an unlawful conjuring by the Florida Supreme Court but was doing his candidacy "irreparable harm." More ominously for Gore, they may also agree, as Bush's application claimed, that the Florida Supreme Court decision was unconstitutional, that it conflicted with Article II - which says the legislature chooses electors - and that it violated the due process clause of the Fourteenth Amendment. In which case, they'll toss the whole thing out, and go back...

Author: /time Magazine | Title: Reading the Supreme Court Tea Leaves | 12/9/2000 | See Source »

...four in the "liberal" box - Stevens (who wrote the stinging dissent) Ginsburg, Souter and Breyer - felt just the opposite, that the only harm being done in this instance was to Al Gore if the counting was stopped. They also seemed to give deference to the Florida Supreme Court, something the majority didn't have much truck with. Breyer declared the stay a dangerous and self-fulfilling prophecy...

Author: /time Magazine | Title: Reading the Supreme Court Tea Leaves | 12/9/2000 | See Source »

...majority seemed to feel that it would be harmful to presidential legitimacy to allow the hand count to continue and perhaps undermine the President-elect - read Bush. The dissenting opinion essentially said, Let the recount continue so that we at least have the numbers in case we decide the Florida Supreme Court was right. What's the harm? they wondered. The majority seemed to believe the harm was irreparable...

Author: /time Magazine | Title: Reading the Supreme Court Tea Leaves | 12/9/2000 | See Source »

...just during playtime that the children of Kfar Darom face harm. With the Palestinian tactic of attacking settlers in full swing, danger is always present. Last Tuesday a bomb ripped into an armored school bus, killing two teachers. Since the shooting began, Irit Zweig's three children crawl into her bed for comfort every night. "I'm afraid for them," says Zweig. "We are all in real danger, but we can't leave. This place belongs to Israel...

Author: /time Magazine | Title: Letter from the Gaza Strip: Who Wants to Settle Here? | 12/4/2000 | See Source »

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