Bush appeals to Supreme Court to bar recounts

Bush appeals to Supreme Court to bar recounts
AGENCE FRANCE PRESSE

WASHINGTON, NOV 23: Republican George W Bush has taken his battle to stop manual vote recounts in Florida to the US Supreme Court, a tradition-steeped institution that usually avoids political disputes. There are notable exceptions: in 1974, the high court ordered then President Richard Nixon to surrender audio tapes relevant to the Watergate scandal, a ruling which precipitated his resignation three weeks later.

Attorneys for Bush argue that manual recounts in Florida are unconstitutional and harmful “to the integrity of this election” and the rights of voters. There was no immediate word whether the nine Supreme Court justices would hear the case.

Legal experts noted on Wednesday that federal courts would look very closely before becoming involved in state matters. Some 7,000 petitions are filed with the high court each year, but only 100 are granted a full review. Decisions are rendered by majority.

Theoretically the most powerful branch of US government, the Supreme Court has ultimate power to declare state law, federal law, executive actions or state Supreme court decisions in violation of the US Constitution. Appointed by the President and approved by the Senate, justices serve life terms and can be impeached - it happened only once in the court’s 211-year history, in 1805.

Since two sitting justices are over 70, the next US President is likely to change the composition of the bench - a fact often mentioned during the campaign, especially by supporters and opponents of abortion rights. Court rulings on issues like abortion both reflect the contemporary US social climate and have a lasting impact on it.

In 1973, the court ruled that women have a fundamental right to abortion. It has since limited, though not retracted that right, as seven appointments by Republican presidents have resulted in an increasingly conservative court.

The Chief Justice of the Supreme Court, William Rehnquist, is 76. He was appointed in 1972 by President Richard Nixon. John Paul Stevens, 80, was appointed by President Gerald Ford in 1975. Sandra Day O’Connor, 70, the first woman Justice in US history, was appointed by President Ronald Reagan in 1981. Reagan also appointed Antonin Scalia, 64, in 1986, and Anthony Kennedy, 64, in 1988. Former President George Bush appointed David Souter, 61, in 1990 and Clarence Thomas, 52, in 1991.

Thomas’ approval by the Senate was delayed by allegations by a former colleague, Anita Hill, that he had sexually harassed her. President Bill Clinton appointed Ruth Bader Ginsburg, now 67, in 1993 and Stephen Breyer, now 62, in 1994.

Inside the imposing marble court, located just behind the US Capitol, where Congress meets, proceedings are enshrined in tradition. In keeping with historic practices, quill pens are placed on counsel tables when the court is in session, and each morning, as they assemble to hear cases or confer, each Justice shakes hands with his or her eight colleagues.