-Caveat Lector-
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Date: Wed, 13 Dec 2000 14:56:47 -0800
From: Steve Wingate <[EMAIL PROTECTED]>
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To: IUFO <[EMAIL PROTECTED]>, SNETNEWS <[EMAIL PROTECTED]>
Subject: IUFO: NYT: News Analysis: A Shaky Platform on Which to Build
-> IUFO Mailing List
December 13, 2000
News Analysis: A Shaky Platform on Which to Build
By R. W. APPLE Jr.
ASHINGTON, Dec. 12 � Whatever else it did tonight, the Supreme
Court failed to speak with the kind of clarion political voice
about the vexed 2000 presidential election that much of the
nation had hoped for.
If, as seems sure, Gov. George W. Bush has won, he has won a
narrow victory � narrow in Florida, narrow in the Electoral
College and narrow in the Supreme Court. He will have only a
shaky platform from which to begin his presidency in January, and
it will require immense skill to remove the questions about his
legitimacy that were left hanging by tonight's decision.
The court provided no clear, unanimous validation of the
electoral process. Its extraordinarily complex ruling led to
widespread confusion in the first few minutes after it was
issued, and it may well provide ammunition in the months ahead
for embittered supporters of Vice President Al Gore, whose
chances seemed to have been sorely and in all probability fatally
damaged.
Nor was there any certainty that the Democrats would refrain from
further challenges, either in the courts or in the halls of
Congress. One possible line of attack is the Florida
Legislature's actions to choose electors. But there was no clear
avenue for further legal maneuvering by the Gore team.
"I had hoped that the court would bring the country together,"
said Senator Dianne Feinstein, Democrat of California. "I had
hoped that it would send a clear message, but that does not
appear to have happened."
One of Mr. Gore's confidants described the court's opinion as
"confusing but devastating." Some backers, including Edward G.
Rendell, the general chairman of the Democratic party, and
Laurence H. Tribe, one of Mr. Gore's top lawyers, said it was
time for the vice president to concede, but some others
disagreed.
James A. Baker III, Mr. Bush's chief spokesman in the Florida
fight, confined himself to a statement of pleasure, without
appearing triumphant and without putting any pressure on Mr. Gore
to quit the contest.
In reversing the order of the Florida Supreme Court, the court
came down on the side of Governor Bush. With less than a week
remaining until the Electoral College is to cast its votes, the
justices in the core ruling that the Florida court was wrong to
order a recount found a way to speak with one voice, avoiding a
contentious split, but no sooner had they done so than they
started bickering again among themselves.
Still, beneath the welter of verbiage, the same five justices who
had voted on Saturday to halt a partial recount ordered by the
Florida Supreme Court remained convinced that the court's recount
plan was unconstitutional.
As a formality, Washington bucked the question back to
Tallahassee. In theory, the jurists in the District of Columbia
told those in Florida, "Find a new recount system if you can."
But what the majority gave with one hand, it took away with the
other, suggesting that as a practical matter time had already
expired to do so. The reason: they said that the deadline was
today, rather than Dec. 18, when the electors will meet to cast
their ballots.
Politically, Mr. Bush seemed to have won the decisive struggle of
the war. But the ruling did little to dispel the fog of
electoral battle.
It was clear from the stinging dissents that bracketed the per
curiam opinion that the Supreme Court had had a difficult time
with what the court described as "an unsought responsibility" to
play referee. Justice John Paul Stevens in particular said that
the court had wounded itself and the reputation of all the
nation's courts, though he asserted that "time will one day heal
the wound."
Justice Stephen Breyer said the court had failed to restrain
itself and argued that it would have been wiser not to do what it
did tonight.
Fifty-four years ago, in Colegrove v. Green, a case involving a
question of allegedly inequitable Congressional apportionment in
Illinois, Justice Felix Frankfurter coined a famous phrase. The
court, he wrote, must not enter "a political thicket" by seeking
to intrude on state political matters.
In the case of Baker v. Carr only a decade later, the high court
ignored Mr. Frankfurter's advice and plowed straight into that
thicket, never to emerge, and in tonight's decision it appeared
to have plunged in more deeply.
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