The Longest Night: Polemics and Perspectives on Election 2000

By Arthur J. Jacobson; Michel Rosenfeld | Go to book overview

9
NOTES FOR THE UNPUBLISHED
SUPPLEMENTAL SEPARATE OPINIONS
IN BUSH V. GORE

These opinions were prepared for discussion in a constitutional law class. They are, of course, wholly fictitious; I have attempted to capture the voice of an opinion, without the use of the usual legal citations and technical arguments. They are designed to explore the legal issues raised in the actual opinion and to provoke discussion on judicial role. They are also designed to rebut the notion that the decisions of the various judges can only be explained by efforts to advance a favored presidential candidate.

O'Connor and Kennedy, J.J.:

We write separately to explain why we believe that the Florida legislature adopted the federal December 12 “safe harbor” provision for certifying presidential electors as a firm, nonextendable deadline for completing the count of ballots for presidential electors and why it was permissible, indeed necessary, for us to have decided that very important question of Florida law. We take the extraordinary step of issuing this supplemental opinion in response to suggestions that our decision to join the Court's stay of the Florida hand recount and our decision to join the Court's per curiam opinion were unprincipled exercises of raw power designed to assure the election of a favored presidential candidate. Ordinarily, we would not respond to such criticism. In the unique circumstance of this case, however, we believe that respect for the integrity of the judiciary warrants a more complete explanation of our reasoning than was possible in the difficult circumstances surrounding the release of the Court's per curiam opinion.

We understand the intense disappointment felt by persons who argue that Vice President Gore not only won the national popular vote by almost 400,000 votes, but was denied the opportunity to demonstrate that a hand recount of the so-called undercounted Florida ballots would have shown him to be the winner of Florida's crucial 25 electoral votes. We also understand that reasonable persons may harbor different opinions concerning

-212-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
The Longest Night: Polemics and Perspectives on Election 2000
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 417

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.