Answers to queries on court process

By Globe Staff, 11/18/2000

Q. How does the Florida Supreme Court's decision affect Al Gore and George W. Bush and their hopes for the presidency?

A. The Florida Supreme Court blocked Secretary of State Katherine Harris from certifying the results of her state's election until the court could hold a hearing on Monday. It was a major victory for the Gore campaign, which is hoping that recounts underway in several counties will overcome Bush's lead and give Democrats the state's 25 electoral votes.

Q. What led to the Florida Supreme Court ruling?

A. Earlier yesterday, Circuit Court Judge Terry Lewis gave a momentary boost to the Bush campaign's hopes when he ruled that Harris could certify the vote without waiting for several predominantly Democratic counties to recount their votes by hand. The Gore campaign appealed that ruling to the Florida Supreme Court, which responded swiftly by issuing its injunction.

Q. How long will it take after Monday's hearing for the Florida Supreme Court to reach a decision?

A. A decision as soon as Monday would be surprising. However, courts look at election controversies as important matters and try to resolve them quickly.

Q. Based on what happened yesterday, is it likely that Gore will win in the Florida Supreme Court?

A. Nothing the court has said gives grounds for handicapping its ruling. It is always risky to try to predict what a court is going to do, particularly in a case of such import and where precedents are so few. Many observers thought that Lewis, based on an earlier ruling he had made in this case, would side with Gore. And though the Florida Supreme Court has instructed Harris to delay her announcement, it has not offered an opinion on whether any hand counts must be included in a final tally.

Q. What is the makeup of the Florida Supreme Court?

A. Six of the seven justices of the Florida Supreme Court were appointed by Democrats, and the seventh was appointed with Democratic approval.

Q. Can the Florida Supreme Court's ruling be appealed?

A. Yes. Either side can appeal the ruling to the US Supreme Court.

Q. How might the US Supreme Court rule?

A. Federal courts are generally quite reluctant to interfere in how a state conducts an election. The current US Supreme Court has made a historic name for itself by upholding states' rights in a variety of contexts. It is quite possible that the US Supreme Court would decline to take the case. On the other hand, this is clearly a legal matter of great national importance.

Q. What does all this have to do with the ruling of the US Court of Appeals for the 11th Circuit in Atlanta yesterday?

A. The Appeals Court's ruling - denying a Republican request that it issue an injunction to stop the recounts - was another legal victory for the Gore campaign. It was an instructive indication of how reluctant federal courts are to intervene in election issues.

Q. What is the makeup of the US Supreme Court?

A. Seven of the nine justices of the US Supreme Court were appointed by Republican presidents, including two by former president George Bush.

Q. So whoever wins in the Florida Supreme Court has a good chance of becoming president, right?

A. Either side could attempt to construct roadblocks to a quick resolution. If the Democrats lose, they could challenge the election results on various grounds - like the use of the now-infamous ''butterfly ballot'' in Palm Beach County. If the Republicans lose, they could ask for their own recounts or try to block Gore's election when Congress meets to count the Electoral College votes in January. Under one scenario, Governor Jeb Bush of Florida could summon the state's Republican-led Legislature into session to claim that the process is out of control. Relying on rarely used statutory power, the Legislature could vote to appoint the state's slate of 25 electors on its own.

Q.

What if the recounts don't give Gore enough votes?

A.

If Gore doesn't pick up enough votes from the manual recounts and absentee ballots,Bush wins the state and the White House.

Compiled by John Aloysius Farrell of the Globe Staff.