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THE "GORE EXCEPTION"
A Layman's Guide to the US Supreme Court Decision in Bush v. Gore
Presented by Mark Levine, Attorney at Law

Respond to this article at the Teen Advice Forum

 More of this Feature
• Part 1
• Part 2
• Part 4
• Part 5
• Part 6
 
 Join the Discussion
"Okay, I love politics. I would like to see everyone's views on the election while having a rational debate. I am for Gore, and I don't think Bush can run the country. Anyone, please respond KINDLY."
Respond to:
Corrine :) (DBABYDOLL14)

"Since many of you will be able to vote in 2004 I am curious, what kind of impact has the whole Florida mess made on you? Has it effected your opinion of the process, the parties or the candidates? Has it made you more or less likely to vote come 2004? Do you think that Bush is a "legitimate President"? Would Gore have been legitimate had he won on a recount? How has the battle in the courts made you feel about the candidates?"
Respond to:
~ Mike ~

"Apparently, some people have been having trouble understanding recent political events, so here's a quick and easy-to-read synopsis of this week's ruling."
Respond to:
LAZAYADA
 

  Essential Resources
• Bush v. Gore: Dec 12
• Rehnquist Concurrence
• Souter Dissent
• Ginsburg Dissent
• Stevens Dissent
• Breyer Dissent
 
 From Other Guides
• Gore v. Harris: Decision
• High Court Not Political
• Supremely Biased
• Justice O'Connor Asks
• Justice Kennedy Asks
 
 Elsewhere on the Web
• The US Constitution
• Searchable Constitution
• Electoral College
• Florida Elections Laws
• Email Congress
• Bush on the Issues
• Gore on the Issues
• Virtual Supreme Court
• US Supreme Court
• The Final US Supreme Court Decision - Full Text
 

Please note: This article is intended to educate teens about the happenings during the 2000 US election and is told from the point of view of a Democratic supporter.

It does not reflect the opinions or views of About.com or Teen Advice.

If you are interested in writing a Republican Rebuttal contact your
Teen Advice Guide

 
 

Part 3

Q:  A single judge?  I thought the standards were different.  I thought that was the whole point of the Supreme Court opinion.

A:  Judge Terry Lewis, who received the case upon remand from the Florida Supreme Court, had already ordered each of the counties to fax him their standards so he could be sure they were uniform when the US Supreme Court stopped him from counting the uncounted votes (because they were favoring Gore, according to Scalia's stay opinion). 

Q:  Hmmm.  Well, even if those .005% of difficult-to-tell votes are thrown out,  you can still count the votes where everyone, even Republicans, agrees the voter's intent is clear, right?

A:  Nope.

Q:  Why not?

A:  No time.

Q:  I thought the Supreme Court said that the Constitution was more important than speed.

A:  It did.  It said, "The press of time does not diminish the constitutional concern.  A desire for speed is not a general excuse for ignoring equal protection guarantees."

Q:  Well that makes sense. So there's time to count the votes when the intent is clear and everyone is treated equally then. Right?

A:  No. The Supreme Court won't allow it.

Q:  But they just said that the Constitution is more important than time!

A:  You forget.  There is the "Gore Exception."

Q:   No time to count legal votes where everyone, even Republicans, agree the intent is clear?  Why not?

A:  Because they issued the opinion at 10 p.m. on December 12.

Q:  Is December 12 a deadline for counting votes?

A:  No. January 6, 2001 is the deadline. In the Election of 1960, Hawaii's votes weren't counted until January 4, 1961

Q:  So why is December 12 important?

A:  December 12 is a deadline by which Congress can't challenge the results.

Q:  What does the Congressional role have to do with the Supreme Court?

A:  Nothing.  In fact, some 20 states still (as of December 13, 2000) haven't turned in their results.

Q:  But I thought...

A:  The Florida Supreme Court had earlier held it would like to complete its work by December 12 to make things easier for Congress.  The United States Supreme Court is trying to "help" the Florida Supreme Court out by forcing the Florida court to abide by a deadline that everyone agrees is not binding.

Q:  But I thought the Florida Court was going to just barely have the votes counted by December 12.

A:  They would have made it, but the five conservative justices stopped the recount last Saturday.

Q: Why?

A:  Justice Scalia said some of the counts may not be legal.

Next page > Part 4 > Page 1, 2, 3, 4, 5, 6

 

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