Bush aide Baker describes supreme court ruling as sad day for democracy

Responding to yesterday's Florida Supreme Court ruling, Mr James Baker, representing George W

Responding to yesterday's Florida Supreme Court ruling, Mr James Baker, representing George W. Bush, said: "This is what happens when, for the first time in modern history, a candidate resorts to lawsuits to try to overturn the outcome of an election for president.

"It is very sad. It is sad for Florida. It is sad for the nation. And it is sad for our democracy. The ruling by four justices of the Florida Supreme Court is of course a disappointment.

"The ruling of the Florida court's four justices is flawed in much the same way, we think, as its November 21 ruling that was vacated unanimously by the United States Supreme Court.

"Chief Justice Wells said in part of his dissent today: `I believe that the majority's decision cannot withstand the scrutiny which will certainly immediately follow under the United States Constitution.

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`The majority's decision to return this case to the circuit court for a recount - I'm sorry - for a count of the undervotes from either Miami-Dade County or all counties, has no foundation in the law of Florida as it existed on November 7, 2000, or at any time until the issuance of this opinion'.

"He further said: `The prolonging of judicial process in this counting contest, propels this country and this state into an unprecedented and unnecessary constitutional crisis. I have to conclude that there is a real and present likelihood that this constitutional crisis will do substantial damage to our country, to our state and to this court as an institution'.

"Obviously, we agree with the three justices who dissented from the action of the other four. We think this ruling is inconsistent with Florida law, with federal law and with the United States Constitution," said Mr Baker.

The Supreme Court ruling had said: "By a vote of four to three, the majority of the court has reversed the decision of the trial court in part. It is further ordered that the Circuit Court of the Second Judicial Circuit here in Tallahassee shall immediately begin a manual recount of the approximately 9,000 Miami-Dade ballots that registered undervotes.

"In addition the Circuit Court shall enter orders ensuring the inclusion of the additional 215 legal votes for Vice President Gore in Palm Beach County and the 168 additional legal votes from Miami-Dade County.

"In addition, the Circuit Court shall order a manual recount of all undervotes in any Florida county where such a recount has not yet occurred.

"Because time is of the essence, the recount shall commence immediately. In tabulating what constitutes a legal vote, the standard to be used is the one provided by the Legislature. A vote shall be counted where there is a clear indication of the intent of the voter".