MEMI One hundred ten years ofedtorkalfreedom 1 EWS: 76-DAILY LASSIFIED: 764-0557 wwmichigandaily.com Tuesday December 5, 2000 ::use WI ..Qwwmm__ Nomw .Ammom.. kqwyl a les 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" I I