Word: stevenses
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By a 7-2 vote, with justices John Paul Stevens and Ruth Bader Ginsburg dissenting, the court held per curiam that "there are constitutional problems" with the Florida Supreme Court's decision. By a 5-4 vote, the court ruled that, in effect, there was nothing more the Florida court...
In the 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...
Rehnquist, Scalia, Kennedy, Thomas and O'Connor ruled the recount is impossible within the time restraints of the "safe harbor" statute in Florida election law, which requires electors to be chosen by December 12. The dissenters wrote blistering arguments against the majority opinion, maintaining there is a possibility for a...
In a way, 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.
By the end of the 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...