Word: evening
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Dates: during 2000-2000
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...Supreme Court was running scared. It had been slapped down by the U.S. Supreme Court Monday and told to rethink its decision ordering manual recounts. And the experts were fixated on the fact that at oral argument last Thursday, Chief Justice Charles T. Wells asked whether his court even had a right to hear the case. The Florida justices, conventional wisdom held, were looking for a way to bow out gracefully from a showdown with the U.S. Supreme Court...
...legislatures; Article II of the U.S. Constitution and 3 U.S.C. Sec. 5. But beneath the law talk is a power struggle of epic proportions. The stakes could hardly be higher. How the U.S. Supreme Court rules could, of course, determine the next President of the United States. But something even larger is hanging in the balance: whether Americans will continue to have faith in the courts, the rule of law and the integrity of the democratic process...
...President Richard M. Nixon by ordering him to turn over the Watergate tapes in the 1970s. But those decisions were handed down by the U.S. Supreme Court, steeped in prestige and equal in the Constitutional scheme to the President or Congress. The Florida court is made of seven people even most Floridians couldn't have picked out of a lineup two weeks...
...appeals court was considering a Bush lawsuit aiming to throw out all the recounts. And in Tallahassee, the Florida legislature--another old enemy--has been threatening to ignore the court and simply select the Bush Electoral College delegates. As for Jeb Bush, he was feuding with the Florida justices even before they tried to make it more difficult for his brother to reach the White House...
...Even in friendlier circumstances, reversing a trial court is a tricky business. Appellate courts must be careful about second-guessing lower courts on facts, which the trial judge has often seen firsthand. They have more leeway in reversing for mistakes of law. The Florida justices shrewdly based their decision on what they say were legal mistakes by Judge Sauls on standard of review and burden of proof. Decisions of the canvassing boards do not deserve the highly deferential "abuse of discretion" standard Judge Sauls applied in deciding not to second-guess them, the Florida justices said. Better still, the court...