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Example text

52. The 5 to 4 vote resulted even though Justices Souter and Breyer agreed with the conservatives that the system set up by the Florida Supreme Court for recounting disputed ballots was unconstitutional because it lacked any governing standards. But unlike the five conservatives, who voted to end the recount, thereby causing Florida’s electoral votes to be awarded to Mr. Bush, Souter and Breyer favored requiring the Florida Supreme Court to establish standards for conducting a statewide recount of disputed ballots.

Locke, 406 F. Supp. D. Ala. 1976). 73. Yarbrough, Judge Frank Johnson and Human Rights in Alabama, 149–50. 74. S. 833. 75. , 870. 76. , 893–94. 77. , 856. 78. , 865. 79. , 869. 80. For interesting discussions about the influence of factors other than political philosophy on court decisions, see Kahn, The Supreme Court and Constitutional Theory and Gillman, The Constitution Besieged. See also Gillman and Clayton, Supreme Court Decision-Making; Epstein and Knight, The Choices Justices Make. S. Constitution.

186 (1962). 51. For a discussion of those later cases, see Porto, “Law, Courts, and the Political Process,” 126–30. 52. The 5 to 4 vote resulted even though Justices Souter and Breyer agreed with the conservatives that the system set up by the Florida Supreme Court for recounting disputed ballots was unconstitutional because it lacked any governing standards. But unlike the five conservatives, who voted to end the recount, thereby causing Florida’s electoral votes to be awarded to Mr. Bush, Souter and Breyer favored requiring the Florida Supreme Court to establish standards for conducting a statewide recount of disputed ballots.

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