Democrats said that even a likely split decision against Al Gore could sound the death knell for his efforts to seize the White House with the help of the courts.
Lawmakers from both sides attended the oral arguments Friday.
Attorneys for Bush appealed to the U.S. Supreme Court after the Democrat-appointed Florida Supreme Court overturned Florida Secretary of State Katherine Harris' Nov. 14 decision to exclude from the Florida vote tally ballots counted by hand in three Democrat-ruled counties.
Senate Judiciary Committee Chairman Orrin Hatch, R-Utah, said Friday that Republican attorneys made a convincing argument that the U.S. Constitution allowed states to set election rules.
"I thought they made very compelling arguments," Hatch said. "The Constitution gives the states the authority to set and hold the deadlines. It is a heavy burden to overcome that [Harris] did not overstep her authority."
Gore stands to lose even if the court decides in his favor, because Harris certified the Florida vote Sunday in favor of Bush anyway, Sen. Robert Bennett of Utah said.
"Gore really is in a lose-lose situation," Bennett said.
Republicans and Democrats said the panel could easily come up with a split decision. "This Supreme Court hasn't been unanimous about anything for a long time," Bennett said.
Democrats said they hoped for a unanimous decision that would send a clear signal on the election controversy. But even though the court will not necessarily decide the outcome of the election, Democrats said that even a split decision against Gore would eliminate his political support among members of his party.
"I think it would be a shame for history to have either man win on one vote," Democrat Rep. Edward Markey of Massachusetts said.
But, "if Al Gore loses at the Supreme Court, it creates very difficult political terrain for him," Markey said.
"I hope on this one it might be unanimous," Senate Judiciary Committee Ranking Member Patrick Leahy, D-Vt., said. "But, I'm not going to even speculate on what might happen."
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