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Show The Salt Lake Tribune NATION. LECTION High Court Dissenters Stung Hard BYDAVID JACKSON THE WASHINGTON POST WASHINGTON — Thelast vote of Election 2000 turned out to be justas closeas last month’s actual balloting. By a5-4 vote, the Supreme: Court shutoff further recounts in Florida,all but forcing Al Gore outofthe extended race. The decision drew four stinging dissents. “The court's conclusion that a constitutionally adequate recount is impractica’ is a prophecy the Court’s own judgment will not al- low to be tested,” Justice Ruth Bader Ginsburg wrote. “Such an Nine ‘Important Votes Nominated by Ford. He was lawyer in private practice and a federal appeals judge. Seenas a solidly middle-of-the-road choice whenhejoined the court, he is now viewed as a moderate-liberal. Sandra Day therefore a swing vote. She had been active in Republican politics in Arizona. designation of the state’s electors — Clarence Thomas, 52 Nominated by Bush. Aconservative and an opponentofaffirmative action, he had.served in the Reagan administration and as a federal appealsjudge. Ruth Bader Ginsburg, 67 Nominated by Clinton. Alawprofessor and former general counsel ofthe liberal American Civil Liberties Union, she was a vocal advocatefor women’s rights. She sides with the Nominated by Reagan. fF Before joining the court, he already was defined as a strong conservative over four years as a federal appeals judge in Washington. He hasa freewheeling style during oral arguments andis the court cutup. e y bs Stephen Breyer, 62 Nominated by Clinton. He is a former. Watergate prosecutor and government lawyer whoalso taught law and wasa federal appeals judge when chosenfor the court. A moderate-liberal, he is a consensusbuilder. AP the very day the opinion came down at about 10 p.m. EST. “Tt is evident that any recount seeking to meet the December 12 date will be unconstitutional for the reasons we have discussed,” the bare majority wrote. Justices Sandra Day O'Connor and Anthony Kennedy frequently the swing votes in close cases — did not author opinions, but they did agree with ie court's bottom line. The justices did find:consensus in objecting to the recountsas or- dered by the Florida Supreme Court. Seven of the nine justices objected to the fact that counties used different methods to assess voter intent. Some were morewill- dissent, joined by someorall of the ing than others to count ballot other dissenters. They were particularly critical of the previous5-4 decision, one that stopped the recounts Saturday. It camejust a day after the Florida Supreme Court dimplesas votes. Thedispute arose over what to do aboutit. "Seven Justices of the Court agree that there are constitutional problems with the recount ordered by the Florida Supreme Court that demand a. remedy,” the opi! said. “The only disagreement is to the remedy.” Four justices said the Florida court shouldhave beenableto set uniform standards and let recounts proceed before next week’s Electoral Collegevote. Each wrote his or her own AZ hadordered a statewide recount of “undervotes,” ballots that passed still envision a political future for himself. Clinton telephoned from North- ern Ireland minutes after news Fightof His Life broke Wednesday morning that Gore wasgiving up. The twopolitical partners had grown apart dur- @ Continued from A-1 ing the campaign, in which the vice president labored to distance himself from Clinton’s’ personal scandals. More than 103 million Americans who went to the polls on Nov:7 gave Gore a lead of about 330,000 over Bush. The U.S. Supreme Court pushed Gore away from.his overtime struggle for an electoral majority when it ruled late Tuesday that further recounts in Florida could not meetconstitutional muster in timefor the Dec. 18 Electoral Col- “I promisedhimthat I wouldn’t call him backthis time,” Goresaid. Therivals plan to meet Tuesday in Washington a summit meant to pull the deeply divided nation together and neutralize someofthe acid remnantsof not only this unprecedented contested race, but the 1992 race in which Bush saw his father driven from the White House byGore andBill Clinton. Gore, a senator’s son and 16- lege vote. “In his heart, I don’t think he wants to stop,” said Rep. Peter year veteran of Congress, said he didn't know what comes next for him after 24 years in publicoffice: Gore, who quoted from his father’s 1970 concession speech, said “stay and fight” for Americans whoface barriers and burdens, “: heard youandI will not forget,” Gore pledged, offering the barest whiff of a suggestion that he could court's liberal wing Antonin Scalia, 64 election; state-imposed _restrictions implicate a uniquely impor- by. Dec. 12 David Souter, 61 Nominated by Bush. At the time of his nomination, he was a virtual unknown, a governmentlawyer. He quickly became a disappointment to conservatives and now sides regularly with the court's liberal wing. Gore Decides To Give Up After his only regretis not being able to O'Connor, 70 Nominated by Reagan. Sheis considered conservative, leaning toward moderate, and William Rehnquist and Justices Thosethree justices joined with two others to choke off the possibility of other recounts because of timing. Theycited a law calling for Aconservative, leaning toward moderate, he wasa law professor before becoming a federal appeals judge. f tates.” The court's three most conservative justices — Chief Justice tant nationalinterest,” the opinion said. Nominated by Reagan. John PaulStevens, 80 untested prophecy should not decide the Presidency of the United Antonin Scalia and Clarence Thomas — called the recountsflatly unconstitutional because they changed the election laws after Election Day. “Tn the contextof a Presidential Anthony Kennedy, 64 Chief Justice William Rehnquist, 76 Nominated by Nixon, elevated to chief justice by Reagan. Aconservative, he favors states’rights over broad federal government powers and opposesabortion. Thursday, December14, 2000 2000: THE GRAND FINALE Deutsch, D-Fla., who regularly campaigned at Gore's side in the state that ultimately gave Bush his 271-267 electoral margin. Gore must leave the house before Cheney is sworn in as his re- placement on Jan. 20. For the eight years they lived there, the Gores loaned brother-in-law Frank Hunger the Arlington, Va., home where. Tipper Gore grew up and they raised their own family. Associates said Gore, 52, had beenso focused on thefive weeks of legal wrangling that he never spoke — out loud, at least — about where hislife might turn in defeat. Aboard Air Force Two one Septembernight, the onetime newspaper reporter mused about maybe being “a writer of some kind.” Some who know him well spec- ulated he mightturn to academia. Both Princeton and Harvard, his alma mater,will have vacancies at the helm next year. Whether Gore would or could try a third time for the White House in four years was an open . question. , “That is several lifetimes in politics,” said Sen. Kent Conrad, D-N.D. “Thereare lots of other capable people who, no doubt, will step forward. Certainly this was his best chance.” Gore madehisfirst grab at the Democratic presidential nomination in 1988 when he was. just 39. 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