Oral Arguments in Brevard County Suit Set for Next Week
Stephan Archer
Thursday, Nov. 23, 2000
Oral arguments in a lawsuit filed in the 11th Circuit Court of Appeals by
Brevard County Bush voters could be heard as early as next Wednesday,
NewsMax.com has learned.
The voters' lawsuit, Touchston vs. McDermott, is separate from but similar to the
Bush campaign lawsuit, Siegel vs. LePore, which is also before the 11th
Circuit in Atlanta. In the Touchston lawsuit, three Brevard County voters argue that Florida law,
under which manual recounts are being conducted, violates their
constitutional rights.
In the words of Jim Bopp, the attorney representing the plaintiffs, the
recount violates the voters' rights to equal protection and due process of
law by allowing selective manual recounts by candidates and counties using
"vague, subjective, arbitrary and capricious standards."
If the court rules in favor of the plaintiffs, the results of the manual
recounts in Florida will not be used in certifying the winner for president.
Because of the urgency of the case, the judge overseeing the case put the suit
on a fast-track briefing schedule, with the voters' briefing due Monday
and the defendants' briefing due Tuesday. Interestingly enough, the judge in
the 11th Circuit has scheduled the briefings and oral arguments of the
voters' case and the Bush campaign's case for the same day at different
times.
In an earlier report
by NewsMax.com, it was said the three Brevard County residents were
being represented by Liberty Counsel, an Orlando-based religious freedom law
firm affiliated with Jerry Falwell Ministries. Since this last report, the
primary responsibility for the plaintiffs' litigation has gone to Mr. Bopp
and the James Madison Center for Free Speech, a public interest organization
that defends the rights of citizens to participate in America's government.
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