MEMI
One hundred ten years ofedtorkalfreedom
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EWS: 76-DAILY
LASSIFIED: 764-0557
wwmichigandaily.com
Tuesday
December 5, 2000
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High Court
sends case
Fla. circuit court
ruling narrows
options for Gore
back to
state court'
By Jeremy W. Peters
Daily Staff Reporter
WASHINGTON - Stating that they
were unclear as to how the Florida
Supreme Court reached its decision
extending the deadline for vote certifica-
tion in Florida's presidential race, the U.S.
Supreme Court remanded the case to the
state's supreme court and vacated its ruling.
The short seven-page decision in the
Ocase George W Bush v. Palm Beach County
Canvassing Board was unsigned, or per
curiam, reflecting the opinion of all nine
justices. They called on the Florida court to
explain itself more explicitly.
"Specifically, we are unclear as to the
extent to which the Florida Supreme Court
saw the Florida Constitution as circum-
scribing the (state) legislature's authority,"
the decision read.
The justices also stated they were
"unclear as to the consideration the Florida
Supreme Court" gave to the section of the
U.S. Code that invites states to devise laws
that govern elections and the counting of
votes prior to Election Day.
"The Supreme Court has simply set
aside the Florida Supreme Court decision
and gives the Florida Supreme Court
another opportunity to issue another opin-
ion," said Georgetown law Prof. Viet
Dinh. "The effect of the setting aside is
hat the Supreme Court has unanimously
decided that this case is a federal case,
otherwise there would be no reason for
vacating the Florida Supreme Court deci-
sion."
interestingly enough, Justice Ruth
See COURT, Page 5
The Associated Press
Al Gore's prospects for assuming
the presidency dimmed yesterday
when a circuit court judge refused
his request to overturn George W.
Bush's certified victory in Florida
and the U.S. Supreme Court turned
aside a ruling that had favored man-
ual recounts. Running out of
options, the vice president's team
turned to the state's highest court,
and urged Democratic lawmakers
to stay in the fold a few more days.
"I think what has happened today
is we've moved one
step closer to having
this resolved," said
Gore attorney David
Boies after Circuit
"' .,
bf / '"
Judge N. Sanders
Sauls refused to order recounts in
two Democratic counties.
It was, Gore's advisers conceded,
a step in the wrong direction.
Neither decision settled the con-
tested race or untangled any of the
legal knots tying up the election of
a 43rd American president, but
Gore was denied the court victory
he sought to sustain his presidential
quest.
On Day 27 of the longest, closest
presidential race in a century, top
Gore advisers called Democrats on
Capitol Hill to explain the whirl-
wind of legal developments and
urge them to remain steadfast. One
senior Democrat who participated
in the talks said there was no sense
of quitting from the Gore team.
However, the vice president's
advisers said privately that Gore
was running out of time and
options.
They said he would await word
from the Florida Supreme Court,
where Sauls' decision was quickly
appealed and from a lawsuit in
Seminole County over irregular
handling of GOP absentee ballots
before deciding whether to con-
cede. That timetable means the race
could be over in a matter of days if
Gore doesn't catch a quick legal
break.
"They won. We lost. This is
going to be
resolved by the
Florida Supreme
Court. I think who-
ever wins at the
Florida Supreme
Court, we'll accept that," Boies
said, setting an end date on the
long-count election for the first
time.
Republicans increased pressure
on Gore to step aside. "American
needs to move forward, not be
bogged down by the desperation of
one man's obsession," said Rep.
J.C. Watts (R-Okla.), the fourth-
ranking member of the House.
Andrew Card, Bush's prospective
Chief of Staff, said the day's court
rulings had clearly buoyed the Bush
camp and given new impetus to
efforts to form a new Bush govern-
ment.
"We'll be able to move pretty
quickly," once there is either a con-
clusive court ruling or a Gore con-
See ELECTION, Page 5
Lawyers for Texas Gov. George W. Bush hold a news conference yesterday, following the hearing before Leon County
Circuit Judge N. Sanders Sauls in Tallahassee, Fla.
.here's nothing to fear but 'Fear' itself=
37violations cause oner
to put Nectarine on market
By David Enders club is housed in at 510 E. Liberty St., were not Partial list of Nectarine
Daily Stafl Reporter available for comment yesterday. Ratlrnm diolations
pf }
The owner of the Nectarine Ballroom, a
popular Liberty Street dance club, put the club
up for sale last month following a police
investigation into liquor law violations and
drug sales there.
Club owner Michael Bender declined further
comment yesterday on allegations that the club
was a hub for drug sales and committed liquor
law violations in the last six months. He also
declined further comment on the sale. The asking
price for the bar is $400,000.
Officials at Carver and Associates of Ann
Arbor, the company that owns the building the
The bar has been plagued by problems recent-
ly, including an incident in which a 29-year-old
man allegedly stabbed two other men at the club
early Friday morning. A six-month continuing
investigation by the Livingston and Washtenaw
Narcotics Enforcement Team (LAWNET) turned
up evidence of the drug sales and 37 liquor law
violations.
"It is not by any means an entirely closed
investigation," Ann Arbor Police Department Lt.
Mike Zsenyuk said. "There is evidence to sug-
gest that employees were involved and that
employees of the business knew about" drug and
See NECTARINE, Page 7
A patron told police he was pushed by a
bouncer after they wouldn't allow him in the
bar on Oct. s, 1999. That incident was
recorded by the bar's security camera.
An i-year-old who was charged with drug
dealing in the investigation said he drank at
the bar on several occasions without being
challenged by bar staff.
A customer said he was punched in the
mouth by the bar manager on June 11.
Customers sold Ecstasy pills to undercover
police officers on 10 different occasions from
July to October.
A woman said she was choked by a DJ in the
bar on Oct. 22.
Source: Associated Press
:.
, ' .
Web piracy discussed at forum
LEFT: LSA sophomore Ami Shah waits anxiously tn line yesterday at Border's Books and Music for
a chance to interview for MTV's new show "Fear." RIGHT: Shah gets her chance, speaking witti
"Fear" Casting Director.Jeanette Baisis.
Ci Race
used in school admilssions
By Maria Sprow
Daily Staff Reporter
SAN FRANCISCO (AP) - A federal appeals
court ruled last night the University of Washing-
pLaw School acted legally when it considered
t e race of applicants in its now-abandoned
admission policy.
The 9th U.S. Circuit Court of Appeals deci-
sion means publicly funded schools through-
out the circuit, which includes most western
states, can continue to use affirmative action
nrograms. said Dan Tokaii. staff attorney for
sion policies, he said.
The lawsuit was brought by Katuria Smith,
Angela Rock and Michael Pyle, who say they
were denied admission to the region's largest and
most prestigious law school because they are
white.
Michael Rosman, a lawyer for the Center
for Individual Rights, a Washington D.C.-
based nonprofit agency that opposes affirma-
tive action and represented the trio, said his
Both sides of the file-sharing debate
squared off last night as a panel discussion
titled, "Free Music from the Internet: Sharing
or Stealing?" kicked off a three day sympo-
sium on copyright laws.
The panelists included Noah Stone, the
founder of Artists Against Piracy; attor-
ney Susan Kornfield, a specialist on copy-
right laws; "and Robin Gross, an
intellectual property attorney from the
Electronic Frontier Foundation. Co-editor
of Consider Magazine Shiri Bilik, an LSA
junior, moderated the event.
LSA senior Amanda Warner, co-chair of
Hillel Major Events Committee, one of the
sponsors of the event, said the symposium's
purpose was to educate students about the
issues of file sharing.
"It's much more than just students on the
MARJORIE MARSHALL/Daily
Artists Against Piracy founder Noah Stone, attorney Susan Komfield and intellectual property
copyright attorney Robin Gross speak last night at the Michigan Union Ballroom about Internet
piracy of music.
The discussion started when University in everyday living"
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