November 28, 2000
Oral Arguments Possible Next Tuesday, Dec. 5
Florida Voters File Brief in 11th Circuit Appeal That Could Nullify Manual Recounts
Florida voters filed their opening brief in the U.S. Court of Appeals for the 11th Circuit (Atlanta) yesterday in an appeal that seeks to bar the use of the results of manual recounts to ultimately determine the winner in Florida's presidential elector election. The appeal could succeed regardless of any state court decisions that may arise out of the "contest" litigation that has been undertaken by the Gore campaign.
The James Madison Center for Free Speech is representing three pro-Bush voters from Brevard County, Florida, who argue that the Florida law that allows selective manual recounts should be declared unconstitutional. The Madison Center lawsuit (Touchston v. McDermott) is separate from the Bush campaign lawsuit (Siegel v. LePore), which is also before the 11th Circuit, in which a brief by the Bush campaign was also filed. Both cases raise issues distinct from those presented by Bush v. Palm Beach County Canvassing Board, which is being argued before the U.S. Supreme Court on Friday. A copy of the Madison Center's brief can be viewed on the Center's website, www.jamesmadisoncenter.org.
Yesterday the Court of Appeals adjusted a previously posted schedule, and announced that oral arguments in the Madison Center and Bush campaign cases, if ordered, will occur at 9:00 a.m. Tuesday, December 5th, in Atlanta. The oral arguments will be heard en banc - that is by the entire 12-judge court, rather than the usual three-judge panel. Madison Center General Counsel James Bopp, Jr., will present the oral argument for the three Florida voters.
"If the court of appeals agrees that the Florida law violates voters' constitutional rights, then the manual recounts are nullified, regardless of what happens with the Bush case at the Supreme Court or the ongoing cases in the Florida state courts," Mr. Bopp explained.
The James Madison Center for Free Speech is a public interest organization that defends the rights of citizens to participate in our democracy. Mr. Bopp has participated in more than 60 election-related cases, including recounts, redistricting, and constitutional challenges to state and federal election laws.