Mass. joins states urging Supreme Court not to intervene in recount

By Carolyn Ryan, Globe Staff, 11/29/2000

assachusetts yesterday joined 14 other states in asking the US Supreme Court not to intervene in Florida's election recount decision, saying that to do so would radically undermine the authority of state courts and could set a troubling precedent.

Attorney General Thomas F. Reilly confirmed last night that his office signed onto the amicus brief, which echoes the arguments advanced by Vice President Al Gore's legal team that the issue does not belong in federal court.

''State courts have always been the preeminent authority when it comes to interpreting state law,'' Reilly said. ''It would be a very dangerous thing if we abandon the principles that got us here.''

Governor George W. Bush has asked the US Supreme Court to overturn the ruling by Florida's highest court that allowed hand recounting of votes to extend past a state-imposed deadline.

The Bush and Gore teams outlined their points in briefs submitted yesterday. The justices will hear oral arguments Friday.

Reilly, a Democrat, acknowledged that the question of the US Supreme Court's involvement in the election is a contentious one that has set off partisan sniping. But he said he is acting out of concern that the justices could upset the balance of power between the states and federal government, eroding principles of federalism.

''These are difficult situations certainly,'' Reilly said. ''It is very heated and it's certainly emotional. But it's important that we stick to the principles that have guided us for 200 years.''

The office of Attorney General Tom Miller of Iowa, also a Democrat, drafted the amicus brief. Rhode Island, New York, Connecticut, and Maine have also signed on.