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Deborah Feyerick: Legal wrangling over recounts might go all the way to nation's highest court

Q: Is there any indication of what officials from the Bush and Gore campaigns expect from the Florida Supreme Court on Monday?

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FEYERICK: Both sides expect to win. If they don't, then both sides are most likely planning an appeal. So it's not quite over.

Q: Are both sides, then, expressing confidence heading into court?

FEYERICK: Both sides have been very ... confident from the start. Over the course of the past week, each side has made gains, but each side has also suffered setbacks.

On the whole, each side is firmly convinced of the correctness of their arguments.

Q: Has there been any indication of what the Supreme Court's justices are thinking, or what they might decide?

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FEYERICK: None whatsoever. The Supreme Court did say last week that hand recounts could continue, that "there was no legal impediment" for them not to.

What they did not decide, however, was whether (Florida Secretary of State Katherine Harris) was correct in saying only a mechanical problem warrants a recount, compared to another high state official (Attorney General Bob Butterworth) who said a recount could continue if there was any question about the vote.

So it is difficult to say which legal reasoning they may use (regarding inclusion of) a hand recount.

Q: Do the Democrats feel the court's previous decision, plus the fact six of the seven justices were appointed by a Democrat, could be in Gore's favor?

FEYERICK: In this climate, where every action is seen as political, it's likely the Democrats feel it's not a bad thing.

However, judges, especially at the level of the Supreme Court, are seen as acting independently of any political party affiliation.

Q: How much longer could the legal wrangling between the Bush and Gore campaigns continue?

FEYERICK: From campaign officials that we've spoken to, the indication is that whatever the Florida Supreme Court rules will be appealed.

Should the next court accept that legal challenge, then we will be in court again.

Q: Could this be headed to the United States Supreme Court?

FEYERICK: Yes. Attorneys for Vice President Gore indicated it could go all the way up to the United States Supreme Court.

Q: What is the feeling on the street? Are people getting tired of the legal fighting?

FEYERICK: The majority of Bush supporters that we've spoken with feel exactly the way the Republicans feel. People who support Gore feel exactly the way Democrats feel.

Those in the middle say "Let this play out in the courts," and they're patient about it.


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Sunday, November 19, 2000


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