Republican and Democrat legal teams clashed in Atlanta yesterday over the ongoing ballot recount in Florida, where the future of the United States hinges on a small margin of ballots.
Republicans argued that conducting recounts only in certain counties - and not the whole state - gives Gore an unfair advantage and violates 14th Amendment due process provisions.
The appeal came after a Miami district court ruled that Republican representatives failed to prove why the court should interfere with the current state recount procedures.
Democrats countered the Republican protest, claiming the matter is being handled under Florida law and that federal appeals court interference would be a violation of separation of powers provisions guaranteed by the 10th Amendment.
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The Republican appeal is "inconsistent with Bush's philosophy of leaving issues in local control," said Robert Holsworth, professor and chair of the department of international and public affairs at Virginia Commonwealth University.
The 12 judges of the 11th U.S. Circuit Court of Appeals in Atlanta will consider the appeal.
The court gave the Bush and Gore camps until 7 a.m. today to respond in writing to the other side's argument.
Although it is the intent of the federal judiciary to be above politics, some of the judges involved in the election squabble have political ties to Gore and Bush.
President George Bush appointed four of the seven Republican judges, while President Bill Clinton appointed four of the five Democrat judges on the 11th Circuit panel.
The impact of the ongoing legal battle on the administration of the next president remains uncertain.
"If the court basically says that the Florida recount is unconstitutional, that would have a dramatic effect on the presidency," Holsworth said.
On the other hand, "people are saying all kinds of rash things," said Larry J. Sabato, government and foreign affairs professor. "Let's just see how it ends"
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