Will we say when it’s over that judges picked the next president? Would you rather have the Florida legislature, or the US House, do the job? Nine robed justices of the Supreme Court of the United States have been drawn into the argument this morning–it’s George W. Bush’s argument that the Florida Supreme Court overreached, made new law, when it extended the deadline for recounting votes. It’s been Al Gore’s argument that somebody well outside the partisan fight had to doublecheck the scorecard–that the sanctity of the deadline was less important than the sanctity of people’s votes.
The Florida Supreme Court agreed with Gore and outraged Bush with the judicial intrusion. But of course the Bush recourse is to yet a higher court for a remedy. The country lawyer Sanders Sauls could be the colorful Judge Ito of the Gore suit contesting the Florida returns. But who gave colorful judges and courtrooms the last word in our politics this hour on The Connection.
(Hosted by Christopher Lydon)
Heather Gerken, Assistant Professor of Law at Harvard Law School and specialist in election law
Lino Graglia, Professor of Law at University of Texas
Jeff Bell, principal at Capital City Partners
Peter Shane, Professor of Law and Public Policy at Carnegie Mellon University