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...with a strong chance that by day's end Gore might pick up enough votes to move ahead of Bush for the 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...

Author: /time Magazine | Title: Election 2000: Flipping The Script | 12/18/2000 | See Source »

...November, for a statewide hand recount, and the constant and often eloquent calls to "count all the votes." He must hope we will remember those for their principle rather than their application, because neither was a request his lawyers ever bothered to make before a court. (By Monday's oral arguments, the mantra and its disconnect had even become a joke to Justice Souter. And to Boies...

Author: /time Magazine | Title: Al Gore, Self-Made Statesman | 12/13/2000 | See Source »

...ever accused the United States Supreme Court of wasting any time on pleasantries. And nothing changed Monday, when the Justices heard 90 minutes of lively oral arguments from attorneys for Gore, Bush and Katherine Harris...

Author: /time Magazine | Title: Shootout at the Supreme Court Corral | 12/11/2000 | See Source »

...other hand, the remaining three (Rehnquist, Kennedy and O'Connor) have demonstrated a willingness to be swayed. And so as the Bush and Gore teams presented their oral arguments before the bench Monday morning, the lawyers were likely to be focusing their energies on those judges in particular...

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

...During the oral arguments, Scalia missed few opportunities to sneer at Boies for ignoring "equal protection" - what may be sticking in conservative craws the most is the specific inequalities in the current hand count scheme. What could attract Scalia, Rehnquist and Thomas is a hand-count plan that codifies the ballot-by-ballot "voter intent" standard strictly, sensibly and statewide. Boies won't get anywhere with them defending the bloated Democratic counts in Broward, Volusia and one-fifth of Miami-Dade that were summarily blessed Friday by the Florida Supremes, and the conservatives on the high court won't relinquish...

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

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