Cover Story

Supreme Court: 'Constitutional problems'

Issue: "Every law counts," Dec. 23, 2000

"The Supreme Court of Florida has said that the legislature intended the State's electors to 'participate fully in the federal electoral process' ... as provided in 3 U.S.C. 5. "That statute, in turn, requires that any controversy or contest that is designed to lead to a conclusive selection of electors be completed by December 12. That date is upon us, and there is no recount procedure in place under the State Supreme Court's order that comports with minimal constitutional standards. "Because it is evident that any recount seeking to meet the December 12 date will be unconstitutional for the reasons we have discussed, we reverse the judgment of the Supreme Court of Florida ordering a recount to proceed. Seven Justices of the Court agree that there are constitutional problems with the recount ordered by the Florida Supreme Court that demand a remedy.... The only disagreement is as to the remedy."

-From the Dec. 12 per curiam opinion of seven justices in the U.S. Supreme Court's decision in the presidential election

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