Oral Arguments in Brevard County Suit Set for Next Week

The voters' lawsuit, Touchston vs. McDermott, is separate from but similar to the Bush campaign lawsuit, Siegel vs. LePore, which is also before the 11th Circuit in Atlanta. In the Touchston lawsuit, three Brevard County voters argue that Florida law, under which manual recounts are being conducted, violates their constitutional rights.

In the words of Jim Bopp, the attorney representing the plaintiffs, the recount violates the voters' rights to equal protection and due process of law by allowing selective manual recounts by candidates and counties using "vague, subjective, arbitrary and capricious standards."

If the court rules in favor of the plaintiffs, the results of the manual recounts in Florida will not be used in certifying the winner for president.

Because of the urgency of the case, the judge overseeing the case put the suit on a fast-track briefing schedule, with the voters' briefing due Monday and the defendants' briefing due Tuesday. Interestingly enough, the judge in the 11th Circuit has scheduled the briefings and oral arguments of the voters' case and the Bush campaign's case for the same day at different times.

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