Word: souter
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Dates: during 2000-2009
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...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...
...simplest terms possible, the Court reversed the Florida Supreme Court decision; seven Justices (Scalia, Thomas, Rehnquist, Kennedy, O'Connor, and, with reservations, Breyer and Souter) agreed there were constitutional problems with the recount ordered by the Florida court - specifically the requirements of due process and equal protection. Justices Stevens and Ginsberg argued the case should never have been accepted by the Court...
...Justice Souter also came down particularly hard on Olson and may have given the attorney a bit of a scare. He and Justice Breyer grilled the Bush lawyer as to what standard might be acceptable "in the hypothetical situation that a recount does recommence." Souter pointed out that without an objective standard, some voters might be disenfranchised, which would violate the "equal protection" clause of the Constitution. "Don't we need a standard," the Justice demanded? Olson agreed that should the high court remand the case to the Florida Circuit Courts and Secretary of State Katherine Harris, he would accept...
...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...