Judges Vote For Bush

In the circumstances, Vice-President Gore's concession of defeat early this morning must have been extremely difficult

In the circumstances, Vice-President Gore's concession of defeat early this morning must have been extremely difficult. Mr Gore comes from a family (despite his winning a majority in the United States as a whole) and by a Supreme Court which appears as partisan as the supporters who have been demonstrating in Florida since November 8th. It found that the Florida Supreme Court decision on hand recounting should be reversed because it could not be reconciled with deadlines applying to the electoral college.

It is difficult to disagree with the ominous dissenting opinion of Justice Stevens: "Although we may never know with complete certainty the identity of the winner of this year's presidential election, the identity of the loser is perfectly clear. It is the nation's confidence in the judge as an impartial guardian of the rule of law". His colleague, Justice Ginsburg, also dissenting, concluded: "In sum, the court's conclusion that a constitutionally adequate recount is impractical is a prophecy the court's own judgment will not allow to be tested. Such an untested prophecy should not decide the presidency of the United States".

Given such deep disagreement it is clear that a stage in the United States' democracy has been reached in which reconciliation followed by a rethinking of the system are of major importance. The electoral college was founded at a time when a mere four million citizens lived along a thousand-mile stretch of the North American continent's east coast. It was felt that people would vote en masse for homestate candidates. How, the wise men of the time asked, could they vote for a total stranger? It is obvious now that with television, the Internet and a vigorous free press, circumstances have changed.

In halting the Florida recounts on Saturday the Supreme Court divided on ideological lines. In ruling once more for Mr Bush it further emphasised the split between what Americans call "liberals" and "conservatives". The terminology differs significantly from the usage prevalent in this part of the world. In the US, for example, the EU Commissioner Mr Chris Patten, a British Conservative, would unquestionably be a "liberal". In Europe the Chief Justice of the United States, Mr William Rehnquist, who strongly favours the death penalty, has urged racial segregation in schools and opposes affirmative action, would deserve a much stronger label than "conservative".

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The United States now faces bitter division over a long period unless strenuous attempts are made towards reconciliation. Black voters are particularly alienated by the events in Florida. The most important institutions in the United States, the Presidency and the Supreme Court, have suffered damage in the past month as hostile politicians waged their war of words. It is to be hoped that Mr Gore's concession has been the first move in the direction of reconciliation and will be reciprocated by President-elect Bush.