(Note, this guy, a professional writer, obviously can't write. He uses "undue" for "undo" and "duel" for "dual" see ***). Algore appears to be saying the courts should not decide elections, or wait, they should, but hey, maybe . . .
Gore Asks Court Not To Interfere
By JOHN SOLOMON
Associated Press Writer
WASHINGTON (AP) -- Al Gore's legal team asked the U.S. Supreme Court Tuesday not to interfere in Florida's presidential recount dispute, saying the issue "does not belong in federal court.''
"Principles of federalism counsel strongly against interference by this court,'' the Gore legal team said in a brief filed with the court.
Gore's lawyers dismissed as "insubstantial'' arguments Republican George W. Bush made that the Florida Supreme Court violated the Constitution when it allowed hand recounts to continue in three Democratic-leaning counties beyond a state deadline of Nov. 14.
"The Florida Court played a familiar and quintessentially judicial role'' in interpreting state law, the Gore team wrote. "The Florida court applied garden variety principles of statutory interpretation,'' the lawyers added in urging the nine justices to affirm the state court rulings.
Bush was filing his written arguments later Tuesday.
Both sides are expected to make oral arguments Friday as the arena for settling the disputed race shifts to the nation's highest court.
The Florida Secretary of State Katherine Harris certified Bush the winner Sunday by a 537-vote margin out of 6 million votes after the manual recounts were done. If that stands, the state's 25 electoral votes will give Bush 271 in all -- one more than he needs to win the White House.
In the hand recount effort, Broward County completed the job; Miami-Dade gave up for lack of time; and Harris refused to accept partial hand recount numbers from Palm Beach, which didn't meet the deadline.
The Gore team, in its brief to the U.S. Supreme Court, urged the justices not to undue *** the recounts as Bush has requested. They argued that Bush's request is based on "mischaracterizations'' of the state Supreme Court ruling a week ago.
"This is a state law case that, despite its undoubted importance, does not belong in federal court,'' they argued.
Gore's brief to the nation's highest court came as his legal team followed a duel *** strategy that also asked a Florida judge to undo the secretary of state's certification Sunday night declaring Bush the winner of the state's 25 electoral votes.
In that case, Gore asked a state judge to have court officials or judges hand recount several thousand disputed ballots that did not get resolved prior to a 5 p.m. Sunday deadline for recounting to end.
Bush attorneys said there is no need to recount the ballots and have opposed the Gore lawyers.
The certification of Bush as the winner by 537 votes lowered the stakes for the Supreme Court. A narrow ruling by the high court that rejected results of the hand recounts would not change the outcome now.
The case is not technically moot, because a Supreme Court ruling would guide how both candidates go forward in Florida courts.
Also Tuesday, interest groups across the ideological map filed friend-of-the-court briefs in the case.
The American Civil Liberties Union backed the Florida court. "If that decision making process is now called into question, the role of the courts as a guardian of voting rights is likely to diminish,'' the generally liberal group wrote.
The conservative American Center for Law and Justice backed Bush, and asked the Supreme court to overturn to Florida court decision.
"The voters of Florida and the American public are entitled to a presidential election conducted according to the U.S. Constitution and the rule of law, not tainted by an activist judiciary,'' said Jay Sekulow, chief counsel of the group. |
