What are the opposing Bush and Gore arguments before the Supreme Court in the new case?
Bush Point #1: The Friday ruling of the Florida Supreme Court conflicts in several respects with the existing law established by the Florida legislature to resolve election conflicts. Among the conflicts are the disregard of statutory provisions that require manual recounts to include “all” ballots, and the substitution of courts for canvassing boards in determining the validity of ballots. This violates Article II, section 1, which gives the authority to set rules to the state legislature. Gore Counterpoint #1: The Florida decision is fully consistent with Article II. The court did not make new law, but engaged in a routine exercise of construing the existing law as written by the legislature. Bush Point #2: Under the exercise of its Article II powers, the Florida Legislature gave Florida circuit courts to power to hear election contests. It gave no power to the Florida Supreme Court, and thus that court lacks jurisdiction. Gore Counterpoint #2: False. Article II assumes that the legi
