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At the U.S. Supreme Court with Greta Van Susteren

Greta Van Susteren

CNN Legal Analyst Greta Van Susteren was inside the U.S. Supreme Court Monday to hear Bush attorney Theodore Olson's oral arguments in Bush v. Gore.

CNN: What were the key issues the justices of the U.S. Supreme Court asked Olson about during his oral arguments?

VAN SUSTEREN: The Supreme Court is always concerned with "Why are you here?" And that's how this argument started out, with Justice Sandra Day O'Connor and Justice Anthony Kennedy asking Ted Olson, on behalf of Gov. Bush, "Why are you here? Do you have a federal question?" You can't just show up with a dog bite case; you have to have a case with a federal question. Ted Olson said yes we have a federal question, the Florida Supreme Court stepped on the United States Supreme Court when issued its decision on Friday.

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Then, the other key issue is the issue of the ballots, the hand counting of the ballots. Does it violate the Equal Protection Clause and the Due Process Clause of the U.S. Constitution when it says that the person has to look for the voters' intent, or do you need a greater blueprint, something more scientific, something with more details, more guideposts.

CNN: Was the tone of the Monday's arguments the same as in the December 1 session?

VAN SUSTEREN: Yes, aggressive, businesslike, pointed questions and concern.

CNN: Did the U.S. Supreme Court address its first ruling in Monday's arguments?

VAN SUSTEREN: Well indirectly, I mean the question there was whether the Florida Supreme Court went too far. The U.S. Supreme Court sort of ducked that issue, sent it back to Florida saying basically we don't know if you went too far because we can't figure out what it is you decided or how you got here. So it was remanded or sent back for clarification and hasn't come back up. To the extent that the issue here is: Do you belong in this court? Do you have a federal issue? And did the Florida Supreme Court go too far? Those the issues are raised again.

CNN: Did you pick up on anything that could suggest how the court will rule?

VAN SUSTEREN: I think the fact that they had a 5-4 split on the stay is an indicator, but it's not necessarily a done deal in terms of how the justices will decide this case. It suggests that the Gore side has an uphill battle, but you can't read anything into it. So we don't know, even though they were split on the stay issue, we don't know if they will come down with a 9-0, 7-2, 5-4 decision here. You just can't guess. People do, but you just can't.

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