WASHINGTON – In an unprecedented 90-minute hearing, the U.S. Supreme Courts nine justices entered a dispute over a presidential election for the first time in the nations history.
The justices quickly took attorneys for Gore and Bush away from their scripted arguments as they delved into the fine constitutional points of the case. They seemed particularly concerned about whether they should intervene in what has historically been considered a matter for states to decide.
Were looking for a federal issue here, said Justice Anthony Kennedy, less than 10 minutes after Bushs attorney, Theodore Olson, began speaking. If the state Supreme Court relied on a federal issue and got it wrong, then you can be here.
Olson replied that the state Supreme Court in Florida blew past federal considerations when it extended the deadline for the submission of vote tallies.
The Bush campaign says that the Florida Supreme Courts ruling extending a deadline for counting votes was improper, arguing that it usurped the state Legislatures authority to set such a deadline.
Gores lawyer, Laurence Tribe, also faced tough questioning about whether the Florida Supreme Court had changed the rules after the election by allowing late hand-counted votes to be added.
Who would have thought that the (Florida) Legislature was leaving open the date for change by the court? Justice Sandra Day OConnor asked at one point.
Tribe argued the original certification date for election results was not a real deadline because the secretary of state had discretion to accept late-filed vote totals.
Over the course of the hearing, every justice except Clarence Thomas asked questions of the attorneys.
The justices did not indicate when they will issue a ruling. In some past cases in which the timing was urgent, the court has acted in as little as one day, though most observers said they didnt expect a decision until early next week.
Meanwhile, John McKay, president of the Florida state Senate, said Friday that he planned to spend the weekend reading a report on whether lawmakers should call a special session to pick the states presidential electors before deciding whether to authorize such a session.
If its the right thing to do, were going to do it, and if its not the right thing to do, were not going to do it, said McKay, a Republican who along with House Speaker Tom Feeney would be responsible for convening a special session.
A special committee appointed by the Legislatures Republican leaders voted strictly along party lines Thursday to recommend convening a special session to consider appointing the states electors.
The Legislatures Republican majority is considering a plan to nominate a slate of Electoral College electors to support Bush if Gores challenge to the election results were still pending on Dec. 12, the deadline for selection of the electors.
