Bush vs. Palm Beach Canvassing Board

WILLIAM H. REHNQUIST: The conservative chief justice and Nixon appointee questioned how the Florida high court could overturn the deadlines in state law for turning in election results. Rehnquist, a strong proponent of states’ rights, said states have broad power to set election rules.

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JOHN PAUL STEVENS: The-80-year-old liberal justice defended the Florida Supreme Court, saying it had not “changed the law..”

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SANDRA DAY O’CONNOR: The former Republican state legislator in Arizona suggested the Florida Supreme Court changed the rules set by the Legislature when it extended the time to submit manually counted ballots. “They enacted that date,” she said of the Legislature. “How could it have been clearer?”

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ANTONIN SCALIA: The conservative Reagan appointee observed that the U.S. Constitution does not contain explicit language guaranteeing a right to vote for president. He also noted that the hand recounts are just one of three options under Florida law to resolve ballot disputes.

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DAVID H. SOUTER: A Bush appointee considered a moderate, he said Congress should decide disputes over electors. “Why should the federal judiciary be interfering in what seems to be a very carefully thought-out scheme?” he asked.

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ANTHONY M. KENNEDY: The moderate conservative and Reagan appointee appeared to agree with O’Connor that the Florida Legislature had the authority to set a deadline for turning in election results. He also asked how and why the Florida voting case related to federal law.

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CLARENCE THOMAS: In keeping with his practice, Thomas asked no questions.

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RUTH BADER GINSBURG: The liberal Clinton appointee said the justice should respect their counterparts in Florida. “We owe the highest respect” to state judges, she said.

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STEPHEN G. BREYER: The court’s newest member and Clinton appointee, Breyer questioned how a Supreme Court ruling could affect the Florida election because Bush, even after the hand recounts, still leads Gore.