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Name of Conference/Seminar I P Freely and Tax Audits
Date of Conference/Seminar May 20, 2001
Duration of Conference/Seminar 5 Hrs
Time of Conference/Seminar 10 AM
Location New York, NY
Contact Telephone (212) 555-4356

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THE OPINION by the 12-member 11th U.S. Circuit Court of Appeals does not immediately affect the legal challenges now before the Florida Supreme Court. But it removes one legal peril facing Gore as he attempts to engineer a come-from-behind victory in the state, and thereby capture the White House.

In a 128-page opinion that covers parallel lawsuits filed by the Bush campaign and a handful of Florida voters, the appeals court sidestepped the basic issue in the case, concluding that there is no reason to step into the dispute at this point because the plaintiffs “cannot demonstrate a threat of continuing irreparable harm.”

“Because proof of irreparable injury is an indispensable prerequisite to a preliminary injunction, plaintiffs are not entitled to a preliminary injunction at this time,” the judges wrote.

They emphasized that they had not ruled on the constitutional merits of Bush’s argument that the recounts violate constitutional “due process” and equal protection guarantees, and had simply denied his request for an order stopping the recounts.


The action increases the stakes for both sides in the Florida Supreme Court, which on Thursday will hear Gore’s appeal of a lower judge’s ruling that hand recounts of 14,000 disputed ballots are unwarranted.

In advance of the hour-long oral arguments scheduled to begin at 10 a.m, Gore’s lawyers on Wednesday filed briefs urging the seven justices to settle the “fundamental question” of which candidate got more votes by ordering the manual recount of the disputed ballots from Palm Beach and Miami-Beach counties.

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