Word: souters
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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...
...This is where the majority made a serious mistake - a failing the remaining four Justices (Souter, Breyer, Stevens and, most notably, Ginsburg) lambasted in their dissents. The majority chose December 12 arbitrarily, bypassing the more equitable date of December 18 for no reason other than to cut Al Gore's legal options short. As Justice Ginsburg wrote in her opinion, "The December 12 'deadline' for bringing Florida's electoral votes into safe harbor lacks the significance the Court assigns it. Were that date to pass, Florida would still be entitled to deliver electoral votes Congress must count unless both Houses...
...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...
...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...