The Florida Recount Dilemma

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So, on the eve of week six in the aftercampaign, the Gush-Gore presidential contest narrows all the arguments about undervotes and counting deadlines, about protests and contests, to a single decision: it may be remembered as a matter of which court you loved, and which court you hated, which court was the reckless runaway, which court tried to save a stable democracy. Court One was the Leon County circuit bench of Judge Sanders Sauls, who stopped the Florida recount in doubt that it could tip the victory from Bush to Gore. Court Two was the Florida Supreme Court, which said: recount all the votes if necessary to get a clear people’s verdict….

Court Three, at work today, is the US Supreme Court, which stopped the recount on Saturday to hear arguments this morning about which recounted votes may be legal, and about the Florida Legislature’s rules for picking presidential electors. The last legal arguments this hour on The Connection.
(Hosted by Christopher Lydon)


Lani Guinier,Professor of Law, Harvard Law School

Akhil-Amar, Professor of Constitutional law at Yale University

John Fund, reporter for the Wall Street Journal