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The Courts
US Presidency
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on America
'Although we may never know with complete certainty the identity of the winner of this year's presidential election, the identity of the loser is perfectly clear. It is the nation's confidence in the judge as an impartial guardian of the law.'
Judges on the Supreme Court are political appointments. In the Court's judgement the nine justices split down partisan lines over whether manual recounts were constitutional. The US Supreme Court effectively dealt the fatal blow to Democrat presidential candidate Al Gore. The ruling reversed the decision of the Florida Supreme Court which allowed hand recounts. Seven of the nine justices of the US Supreme Court agreed that there were constitutional problems with the recount ordered by the Florida Supreme Court, and it sent the case back to Florida for further consideration.
By a narrower majority of five to four the court found there was no constitutionally acceptable procedure by which a new recount could take place before the deadline for selection of presidential electors. The court was worried about possible unequal treatment resulting from differing standards used in the recounts. And that was the end for Gore.
In breaking with the majority, Justice Stevens wrote a forceful dissenting opinion. 'Although we may never know with complete certainty the identity of the winner of this year's presidential election, the identity of the loser is perfectly clear. It is the nation's confidence in the judge as an impartial guardian of the law.' In an earlier dissenting opinion he stated, "Preventing the recount from being completed will inevitably cast a cloud on the legitimacy of the election." He continued, "The Florida court's ruling reflects the basic principle, inherent in our Constitution and our democracy, that every legal vote should be counted."
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