Download Magazine - Levin College of Law - University of Florida

I should certify in time according to thewill of law and as the law was written.”The case, the first Gore v. Harris,eventually arrived on the docket of theFlorida Supreme Court, which ruledon Nov. 21 that the recount would takeplace, that amended returns must beaccepted from the counties that wereparty to the case, and that Harris couldnot certify the election until Nov. 26.“We made a statutory constructionanalysis of the law, and we found therewere ambiguities in the statute whichrequired there to be a construction thatwould permit the intent of the statute tobe carried out,” said Florida SupremeCourt Justice Charles T. Wells (JD 64),who was chief justice at the time.The ruling was appealed to the U.S.Supreme Court in Bush v. Palm BeachCounty Canvassing Board. The SupremeCourt remanded it back to the FloridaSupreme Court on Dec. 4 with a requestfor an explanation of how it reached itsruling.“The United States Supreme Courtmade a determination that it was not amatter of statutory construction understate law, but that the federal scheme forelecting presidential electors gave to theLegislature plenary power to make thedetermination as to how the selectionof electors was going to be done,” saidWells. “They remanded the case to us,saying that they did not understand thebasis upon which we reached the decisionto extend the time for the certification.”Meanwhile, Harris, pursuant to theFlorida Supreme Court’s order in Gorev. Harris, certified the election resultson Nov. 26 in which Bush was thevictor with a lead of 537 votes. Gore’sStephen N. Zack (JD 71) inhis downtown Miami office.team then filed a petition contesting theelection, the second Gore v. Harris. Thecase moved through circuit and districtcourts to the Florida Supreme Court,which ruled on Dec. 8 that a statewiderecount would proceed with a deadlinefor completion of Dec. 12. That date wasthe federal “safe-haven” deadline for“We as a people are fully committed to the constitutionalelectoral process and, at all times, were goingto turn to our lawyers and not to our generals.”NOVEMBER 24: To thesurprise of many observers,the U.S. Supreme Court agreesto hear Bush’s appeal of theFlorida high court ruling inBush vs. Palm Beach CountyCanvassing Board allowinghand recounts to proceed.NOVEMBER 26: Harriscertifi es the results of theFlorida vote after the FloridaSupreme Court deadlineexpires, giving Bush a 537-vote lead over Gore, but thesedo not include results fromPalm Beach County, whichcompleted its manual recountabout two hours after thedeadline.NOVEMBER 27: Gore’s lawyersmove to contest the Floridaresult in a circuit court inTallahassee.NOVEMBER 30: Floridalawmakers vote along party linesto recommend a special sessionto name electors if the electioncontest is not resolved by Dec.12, six days before the ElectoralCollege meets. The Republicanledlegislature is expected toname electors pledged to Bush.DECEMBER 1: In Bush vs. PalmBeach County Canvassing Board,the U.S. Supreme Court hearsoral arguments over whether theFlorida Supreme Court oversteppedits authority by ordering Harris toinclude the manual recounts incertified state results.DECEMBER 4: The U.S. SupremeCourt asks the Florida SupremeCourt to explain its reasoning inextending the hand recounts,returning the case to Tallahasseeand putting off any action in Bush’sappeal objecting to the recounts.DECEMBER 8: In a decisiondivided 4-3, the Florida SupremeCourt in Gore vs. Harris ordersmanual recounts in all countieswith significant numbers ofpresidential undervotes; Bushappeals the decision to theU.S. Supreme Court and seeksinjunctive relief to stop the handrecounts.DECEMBER 9: The U.S. SupremeCourt, in a 5 to 4 ruling, halts themanual recounts and sets a hearingon the matter two days later.DECEMBER 11: Arguments areheard by the U.S. Supreme Courtin Bush vs. Gore.DECEMBER 12: The U.S.Supreme Court, in a 5 to 4 rulingin Bush vs. Gore, puts an end tothe Florida recount. The rulingcoincides with the Dec. 12 “safehaven” deadline. Gore officiallyconcedes the election to Bushshortly thereafter.FALL 2008 17