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GOING OVERSEAS?
keep up on campus life with the Oregon daily emerald
now available on the world wide web
www.dailyemerald.com Sc - -
Scholar scrutinizes
views of high court
■ Law Professor Frank
Michelman analyzed views on
the U.S. Supreme Court’s role
in the presidential election
By Brooke Ross
Oregon Daily Emerald
Never before had the U.S.
Supreme Court made a decision
that could decide the presidency,
but since it stopped Florida ballot
re-counts in the 2000 presidential
election, the public has been ques
tioning the motives of the court that
placed George W. Bush in the White
House.
Some say the court’s involvement
in the election was a betrayal of law,
while others respect the court for
ending something that could have
escalated into a national disaster.
Harvard University law Professor
Frank Michelman examined these
views in his Monday night lecture,
“Machiavelli in Robes? The Court
in the Election. ” His speech was this
year’s topic for the Oregon Humani
ties Center’s 2000-01 Colin Ruagh
Thomas O’Fallon Memorial Lecture
in Law and American Culture.
Dozens attended and some had to
stand in the aisles of the auditorium
at the University law school to hear
Michelman’s interpretations.
In examining the Supreme
Court’s actions, Michelman referred
to a CNN survey released shortly af
ter the court’s decision to stop bal
lot re-counts. He said half the re
spondents believed that the justices’
votes were influenced by their own
opinions, and of that same half, two
thirds said the decision was unac
ceptable.
“What are we to make of these re
sults?” he said.
Michelman said that on one
hand, the court’s involvement and
final decision could be considered a
breach of faith.
“According to one view, since the
Supreme Court was unable to get le
gal grounds, the court should have
kept itself out of the matter com
pletely,” he said. “The question is
about to what extent, if any, a ruler
can take liberties.”
The opposing view believes the
Supreme Court had to take action to
stop a bigger disaster from happen
ing, such as added chaos and the
president being unprepared to ful
fill his duties upon entering office.
“What American people count on
getting from the Supreme Court is
less law than it is order,” Michel
man said.
He said some people respect the
court’s decision because it helped
end the tension that was rising
throughout society.
“Let’s suppose fear was growing in
December, suggesting a disaster,” he
said. “Intervention may have been
the last, best hope of salvation. ”
Tony Foy, a Eugene marketing di
rector, said he appreciated that
Michelman presented different
views about the Supreme Court’s in
volvement in the election.
“There’s a definite place for the
Supreme Court in this country, but
it’s not without criticism,” he said.
Foy said he did not necessarily
disapprove of the court’s decision,
but he wondered why it favored
Bush.
James O’Fallon, associate dean
for academics at the law school, said
it took several years to arrange
Michelman’s visit to campus.
“He’s an exceptional court law
scholar,” he said. “I knew-he’d have
something useful to say to the com
munity.”
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