WASHINGTON — The U.S. Supreme Court for the first time in its history took up a case Friday that could determine who is the next president, but the justices focused instead on who has the power to set the rules for an election: state lawmakers or state judges?
In a good sign for Texas Gov. George W. Bush, a slim majority of the justices said that they thought the power to set binding rules for presidential elections had been entrusted to state legislatures. In Florida, the rules include a seven-day deadline for the counting of votes.
Friday's argument was a first in another way. Aware of the enormous public interest in the case, the justices allowed the immediate release of an audiotape as well as a written transcript.
They refused again to permit television coverage, but millions of Americans were able to listen to the proceedings on TV and radio programs.
No one could miss the high political stakes. The courtroom was packed with Democratic and Republican members of the Senate as well as leading figures from the campaigns of Bush and Vice President Al Gore.
And by the end of the intense 90-minute argument, the justices sounded as though they were as closely split on the case as the public has been on the election.
The five conservatives appeared to lean toward Bush's claim.
"The Legislature had very clearly said seven days. That's the date [for election certification]," said Justice Sandra Day O'Connor, a former Republican state legislator from Arizona. "How could it have been clearer? It just looks like a very dramatic change made by the Florida court."
Meanwhile, the four liberal justices sounded as though they would support the Florida Supreme Court's decision that favored Gore.
Justice Ruth Bader Ginsburg, a Clinton appointee, strongly defended the Florida state judges and questioned why their decision should be second-guessed.
"In case after case, we have said we owe the highest respect to what the state supreme court says is state law," she said.
If the high court rules for Bush, its decision will not necessarily declare him the victor in Florida. But it could deal a final, crippling blow to Gore's fading hopes.
As is customary, the justices gave no hint when they will rule. Before the argument, court officials said they did not expect a ruling for at least a few days.
Ideally, the justices try to speak with one voice when confronting major disputes involving the presidency.
