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Mr. Gore, in his speech, was expected to thank his supporters, defend his hive-week battle as an effort to ensure, as a matter of principle, that every vote be counted, and call for the nation to join behind the new president. He was described by an aide as “resolved and resigned.”
While some constitutional experts had said they believed states could present electors as late as Dec. 18, the U. S. high court made clear that it saw no such leeway.
The U.S. high court sent back “for revision” to the Florida court its order allowing recounts but made clear that for all practical purposes the election was over.
In its unsigned main opinion, the court declared, “The recount process, in its features here described, is inconsistent with the minimum procedures necessary to protect the fundamental right of each voter.”
That decision, by a court fractured along philosophical lines, left one liberal justice charging that the high court’s proceedings bore a political taint.
Justice John Paul Stevens wrote in an angry dissent:” Although we may never know with complete certainty the identity of the winner of this year’s presidential election, the identity of the loser is perfectly clear. It is the nation’s confidence in the judge as an impartial guardian of the law.”
But at the end of five seemingly endless weeks, during which the physical, legal and constitutional machines of the U. S. election were pressed and sorely tested in ways unseen in more than a century, the system finally produced a result, and one most Americans appeared to be willing at lease provisionally to support.
The Bush team welcomed the news with an outward show of restraint and aplomb. The governor’s hopes had risen and fallen so many times since Election night, and the legal warriors of each side suffered through so many dramatic reversals, that there was little energy left for celebration.