Features

Florida court will hear Al Gore appeal

The Associated Press
Wednesday December 06, 2000

Al Gore suggested Tuesday that even a rejection of his Florida Supreme Court appeal might not drive him from the presidential race, though many Democrats said that would be the limit of their loyalty.  

George W. Bush confidently declared himself ready to “seize the moment” as the nation’s 43rd president. 

“I don’t feel anything other than optimistic,” the vice president told reporters, his tone a stark contrast from the sense of foreboding expressed by Democrats across the country. 

Indiana Sen. Evan Bayh, a finalist in Gore’s summertime search for a running mate, was among those warning that Gore had one last chance. 

“The Florida Supreme Court is going to rule in two or three days, and if he’s unsuccessful on that, then I think that is the end of it,” he said. 

Four weeks into America’s election limbo, the courts still held the keys to the White House: The Florida Supreme Court agreed to hear an appeal of Gore’s historic election challenge to Bush’s certified Florida victory; briefs were filed in reaction to U.S. Supreme decision; and oral arguments were heard at a federal appeals court in Atlanta. 

The flurry of activity came one day after Circuit Judge N. Sanders Sauls rejected Gore’s request to order hand recounts of disputed ballots and overturn Florida’s official election results. Gore appealed, and oral arguments will be heard by the Florida high court Thursday. 

The could-be presidents responded in different ways, Gore by rallying Democratic troops for his last stand and Bush by acting as if his presidency was only a matter of time. 

“We’ve got a lot of work to do,” the Texas governor told reporters outside the state Capitol in Austin, Texas, promising an efficient transition to power.  

 

 

in the handling of absentee ballot applications in two Florida counties. 

“That doesn’t seem fair to me,” Gore said outside the White House. 

Democrats filed lawsuits in Seminole and Martin counties over the ballot applications. A trial in the Seminole case is scheduled for Wednesday, and Gore’s advisers said there might be a ruling by the end of the week — perhaps before the Supreme Court rules on the Sauls appeal. 

“I do think it’s likely that all of the current controversies will end up being resolved, one way or another, in the Florida Supreme Court,” Gore said. 

Gore’s remarks were the latest twist in a convoluted case: The vice president, who has argued that every vote should count, is now embracing legal action seeking to throw out thousands of absentee ballots. 

Despite the vice president’s hesitation, top Democratic aides on Capitol Hill said there will be calls for Gore to concede if the seven Florida justices — all Democratic appointees — upholds Sauls’ decision. 

Outside Washington, rank-and-file Democrats said Gore had a right to fight in the state Supreme Court but they held out little hope for a positive ruling. Many criticized Republicans or the judicial system for blocking recounts. 

Others second guessed the Gore team. 

“He’s on his last legs now. We’re at the end game,” said Ted Kaufman, a Democratic National Committee member in Delaware. “I worked for Gore, but Bush will be my president.” 

Jon Ausman, vice chairman of the Florida Democratic Party, blamed Gore’s lawyers for presenting a skimpy case to Sauls. 

“We’re cooked,” he said. “It’s possible the appeal might work, but when you call only two witnesses in Sauls’ court and the other guy calls nine, you can’t expect much. That was blunder. It was extremely stupid.” 

Democratic state Sen. Chris Cummiskey of Arizona pointed to the U.S. Supreme Court decision Monday to set aside a state high court ruling allowing some recounts. 

“Unfortunately, I think this is the end for the vice president,” he said. 

Party leaders stood behind Gore out of loyalty to him and, more significantly, concern about their own futures. No Democrats wants to abandon the vice president too soon, and risk alienating minority voters and key core constituencies who have made the election a political crusade. 

Republicans were more optimistic as GOP running mate Dick Cheney visited Capitol Hill. “I expect the courts will speak again with finality,” said House Speaker Dennis Hastert. 

The fierce fight for Florida’s 25 electoral votes spawned more than 40 separate lawsuits that threaten to tie up the 2000 presidential race beyond a Dec. 12 deadline for states to assign electors and the Dec. 18 meeting of the Electoral College. 

In Atlanta, the U.S. Appeals Court heard arguments in two separate but related appeals from Bush supporters fighting recounts. The Florida Democratic Party has argued there is no need for the appeals court to rule on the matter since manual recounts are finished and Bush has been certified the winner in the state. 

“Why isn’t this case moot? Why isn’t this appeal moot?” Judge Charles Wilson, appointed by President Clinton, asked a GOP lawyer. 

“No one has won this election, as far as I know,” replied the GOP attorney, Theodore Olson. “It’s still very up in the air.” 

In Florida, Republicans squabbled over whether to call a special session to appoint a slate of electors loyal to Bush. The governor’s advisers have quietly urged restraint in the GOP-led Legislature, fearing backlash if a Bush slate is appointed before the courts resolve the dispute. 

The U.S. Supreme Court set aside a Florida high court ruling Monday that had extended the deadline for recounts, and asked the state court for more information about its decision. 

In papers filed with the Florida court Tuesday, Gore’s legal team urged the justices to reinstate its prior ruling allowing the recounts. Bush lawyers asked the court to change its mind.