Only the appearance of Jesse Jackson and Al Sharpton stirred things up beyond standard back-and-forth exchanges. But even their provocations elicited no more than an escalation in rhetoric.
Inside, the justices asked penetrating and skeptical questions of lawyers for both sides. Bush attorney Theodore Olson chided the Florida Supreme Court for its intrusion into the prerogatives of the legislature in extending the deadline for certification of the winner of the state’s 25 electoral votes. He told the U.S. justices that the state court had "radically changed the legislative scheme."
Justice Sandra Day O’Connor noted that "changing the date" was a significant move on the part of the Florida jurists.
Emerging from the high court’s hearing, Olson turned aside reporters’ questions speculating on where the justices were leaning. He said it was impossible to tell because "devil’s advocate" questions were merely the court’s way of testing arguments. As a seasoned attorney, Olson was not about to risk antagonizing the jurists by characterizing their views.
"We have asked the court to set aside the consequences of what the [Florida] Supreme Court did," Olson told reporters, "so the result would go back" to the 930 votes by which George W. Bush was leading on Nov. 14, "with the addition of the overseas absentee ballots" that the Gore lawyers blocked, knowing that those votes were cast by military men and women who felt that their willingness to fight for their country was not valued by the Clinton-Gore administration.
As for questions from the justices indicating a deference to state court decisions, Olson said, "That’s always the case that the United States Supreme Court is very mindful and respectful of the decisions and thought processes and procedures of state courts or lower courts, for that matter, so those are very natural questions for them to ask."
Lead Gore lawyer Laurence Tribe, who for decades has coveted a seat for himself on the Supreme Court, merely said he felt "more optimistic just because it’s always nice to have one of these ordeals over."
"I certainly didn’t think there were any curveballs," the Harvard law professor added, saying he was relieved to know, by the court’s questioning, that "the case doesn’t have any time bombs."
During the entire hearing, the justices repeatedly interrupted arguments by Olson and Tribe, handing out equal doses of skepticism to both camps. It is thought likely that the court will render its decision in a few days.
Outside, during the court hearing, police tried to keep the Bush and the (smaller) Gore camps apart, but there was some mixing it up anyway.
The Bush people were gung ho with slogans and chants, exhibiting an outrage that has sustained them almost from election night, convinced that Al Gore is trying to steal the election right before our eyes and, in Clintonian fashion, thumbing his nose at his countrymen in the process.
Walking on the predominantly pro-Gore side of the street, one experienced more of a calm, seemingly reflecting national poll findings that Bush people are more motivated than Al Gore supporters. The thousands of Bush protesters stayed on the scene hours after the court adjourned the hearing, far longer than their Gore counterparts.
Demonstrators came from all over, from at least as far away as Kansas City, Mo.
When Jackson arrived to support the Gore demonstrators, the Bush people rushed closer to his crowd, repeatedly chanting: "You lost, Jesse! Get over it!"
Later, the notorious rabble-rouser Sharpton showed up with a marching crowd, chanting: "Let every vote be counted!" From the Bush group came a question, "What about military ballots?"
No answer.
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