December 2, 2000
11th Circuit Sets Oral Arguments for Tuesday in Florida Voters Case That Could Nullify Manual Recounts
The U.S. Court of Appeals for the 11th Circuit (Atlanta) confirmed late Friday that the entire 12-judge court will hear oral arguments on Tuesday, December 5, in a federal appeal by Florida voters that could nullify the results of manual recounts in Florida's presidential elector election.
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 violates their federal constitutional rights. The Madison Center lawsuit (Touchston v. McDermott) is separate from a challenge to the same Florida law by the Bush campaign (Siegel v. LePore), on which the 11th Circuit will also hear arguments on Tuesday. Both cases raise issues distinct from those presented by Bush v. Palm Beach County Canvassing Board, the case that was argued before the U.S. Supreme Court on December 1, and it is unlikely that action by the U.S. Supreme Court in that case will moot the cases before the 11th Circuit.
"If the federal court 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 U.S. Supreme Court or the ongoing cases in the Florida state courts," explained James Bopp, Jr., General Counsel for the James Madison Center, who will present the oral arguments for the Florida voters.
On Dec. 1, the 11th Circuit confirmed that it will hear oral arguments en banc in both the Touchston and Siegel cases beginning at 9:00 a.m. Tuesday, December 5. To explain the potential ramifications of the lawsuit, the Madison Center will hold a press conference Monday, December 4, at 4:00 p.m., on the steps of the U.S. Court of Appeals Building, 56 Forsyth Street, N.W., in Atlanta.
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. The Madison Center's brief can be viewed on the Center's website, www.jamesmadisoncenter.org.