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...what goes on behind closed doors on both ends of Pennsylvania Avenue.) Swing voters O'Connor and Kennedy seemed to bat questions between them about how they might find a federal role for the court, almost conversing with each other through the advocates. At one point, Justice David Souter, the moderate appointed to the court by Bush's father, helpfully gave Tribe a page number. "Page 3-A of the blue brief, I am reliably informed," Tribe quipped. A beat passed, and then Rehnquist chimed in, "It won't get you an extra two minutes...

Author: /time Magazine | Title: Election 2000: May It Please The Court | 12/11/2000 | See Source »

...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 »

...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...

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

...DAVID SOUTER APPOINTED BY George Bush (1990) Though chosen by Bush in the hope of building a stable conservative majority on the Court, Souter has voted with the liberals on most important issues. But he can be a cautious jurist, one who is reluctant to use the power of the courts to embarrass legislatures...

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

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