ELEVENTH CIRCUIT'S REVIEW OF FLORIDA ELECTION COULD PRODUCE SEVERAL OPTIONS, SAYS UGA LAW PROFESSOR & FORMER 11TH CIRCUIT JUDICIAL CLERK

Abstract

Thursday, November 16, 2000

WRITER: Kathy R. Pharr, (706) 542-5172, pharr@arches.uga.edu

CONTACT: Associate Professor Anne Dupre, (706) 542-5294

ELEVENTH CIRCUIT'S REVIEW OF FLORIDA ELECTION COULD PRODUCE SEVERAL OPTIONS, SAYS UGA LAW PROFESSOR & FORMER 11TH CIRCUIT JUDICIAL CLERK

ATHENS, Ga. - The Eleventh Circuit's agreement to hear two challenges to the historic presidential vote recount in Florida indicates how grave the situation is, says a law professor at the University of Georgia School of Law who once clerked for Judge J.L. Edmondson of the Eleventh Circuit.

"The Eleventh Circuit does have a rule where the judges can affirm the lower court ruling without a hearing," says Associate Professor Anne Dupre. "The fact that they have agreed to hear the case indicates that they are not dismissing it out of hand."

The Eleventh Circuit has also taken the extraordinary step of having all 12 of its judges review the case, instead of the traditional method of a 3-member panel. "Perhaps this issue was so important that the judges knew they would eventually be hearing it en banc anyway and so, decided to go directly to that setting," says Dupre.

It is impossible to predict accurately what the Eleventh Circuit will decide, she says. Among the judges' options: "One thing they could do, short of a ruling that the recount is constitutional or unconstitutional, is to say they are deeply troubled by the lack of any uniform standards and certify the issue to the Florida Supreme Court to set up some standards," she explains. "Or, they could say the issue is simply a matter for the state courts and refuse to comment."

Dupre says she believes the Eleventh Circuit judges, who are appointed for life and include seven members appointed by Republican presidents and five by Democratic presidents, will rise above party politics. "I have the utmost faith that these men and women understand the seriousness of the mantle they assume when they become a federal judge," she says. "This circuit considered carefully the Elian Gonzalez case, another politically charged matter, and set forth a careful, well-reasoned opinion. This is what judges do, and they are fully capable of it in this case."

Professor Dupre clerked for Judge Edmondson, regarded as one of the court's most influential members, following her graduation from the University of Georgia School of Law in 1988. She then went on to clerk for Justice Harry A. Blackmun of the U.S. Supreme Court before entering practice in Washington, D.C. Dupre notes that two UGA law graduates of the Class of 2000 are now clerking for the Eleventh Circuit and could potentially have a front row seat during this critical decision: Sam Heywood, who is clerking for Judge Edward E. Carnes of Alabama; and Julie Mickle Wade, who is clerking for Judge Edmondson.

Dupre may be reached at (706) 542-5294.

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