Legal Affairs – Bush vs. Gore: A First Draft For the Justices to Consider
by Stuart Taylor, Jr.
Dear Mr. Chief Justice: I offer below a first draft of an opinion for your consideration. It stresses that no court has the constitutional power to pass final judgment on a dispute over who won a presidential election and that the Florida Supreme Court’s decision of Nov. 21-which concocted new vote-counting rules after the election-is binding neither on the Florida Legislature nor on Congress. The bottom line is that this virtual tie between Bush and Gore presents a political question on which the Constitution gives the last word to the people’s elected representatives, not to judges seeking to divine "the will of the people" by squinting to see almost-invisible dimples. Please forgive the footnotes, which I include for fun and with no illusion that they belong in any opinion for the Court.-Volunteer Clerk