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BUSH v. GORE
Rehnquist, C. J., concurring
election), it has heard and decided the appeals in the present
case with great promptness. But the federal deadlines for
the Presidential election simply do not permit even such a
shortened process.
As the dissent noted:
“In [the four days remaining], all questionable ballots
must be reviewed by the judicial officer appointed to
discern the intent of the voter in a process open to the
public. Fairness dictates that a provision be made for
either party to object to how a particular ballot is
counted. Additionally, this short time period must
allow for judicial review. I respectfully submit this cannot be completed without taking Florida’s presidential
electors outside the safe harbor provision, creating the
very real possibility of disenfranchising those nearly
six million voters who are able to correctly cast their
ballots on election day.” 772 So. 2d, at 1269 (opinion of
Wells, C. J.) (footnote omitted).
The other dissenters echoed this concern: “[T]he majority
is departing from the essential requirements of the law by
providing a remedy which is impossible to achieve and which
will ultimately lead to chaos.” Id., at 1273 (Harding, J., dissenting, joined by Shaw, J.).
Given all these factors, and in light of the legislative intent
identified by the Florida Supreme Court to bring Florida
within the “safe harbor” provision of 3 U. S. C. § 5, the remedy prescribed by the Supreme Court of Florida cannot be
deemed an “appropriate” one as of December 8. It significantly departed from the statutory framework in place on
November 7, and authorized open-ended further proceedings
which could not be completed by December 12, thereby preventing a final determination by that date.
For these reasons, in addition to those given in the per
curiam opinion, we would reverse.