To: Selectric II who wrote (111244 ) 12/11/2000 8:21:10 PM From: maverick61 Read Replies (2) | Respond to of 769667 FLA Supremes "Justify" First Ruling Dan Frisa Monday, Dec. 11, 2000 - 6 p.m. EST In an unusually timed announcement, the Florida Supreme Court tonight issued a "clarification" of its previous decision which was vacated by the U.S. Supreme Court, attempting to do some overdue repair work to its reputation after its intransigence came up in oral arguments in Washington. By a vote of 6 to 1, the state high court issued a statement, read by court spokesman Craig Waters, explaining that its original ruling was based upon Florida state law. Chief Justice Wells was the lone dissenter, stating his reservation that it was inappropriate to issue such a statement at a time when the U.S. Supreme Court was deliberating the current case, Bush v. Gore. At this morning's oral arguments in Washington, D.C. Justice Sandra Day O'Connor expressed her serious concern that the Florida court had not responded to the U.S. Supreme Court decision vacating the Florida decision, which delicately requested that an explanation be provided indicating whether the state court had relied upon state law or the state constitution. This issue was of some importance due to the fact that, in dealing with a federal election for president, only an interpretation of state law would be deemed within the state court's province given the U.S. Constitution's express granting of power to state legislatures. Certainly, the Florida court could have, and should have, addressed this issue in its Friday decision on the Gore appeal which overturned the "contest of election case" which had been rejected by Florida Circuit Court Judge N. Sanders Sauls. Such an 11th hour clarification appears to be a case of too little, too late.