Gore May Continue His Fight

Dec. 13, 2000 -- The U.S. Supreme Court ruled in favor of George W. Bush, but sources close to the vice president say don’t bet on Al Gore conceding — at least not yet.

While aides close to Gore say they expect he could give up the fight for the White House, they also note he hasn’t shared his thinking with many people and that nothing will be decided until later this morning at the earliest.

Meanwhile, Gore campaign officials and lawyers pore over the Supreme Court ruling.

“Al Gore and Joe Lieberman are now reviewing the 5-4 decision issued tonight by the Supreme Court of the United States,” the campaign said in a statement late Tuesday. “The decision is both complex and lengthy. It will take some time to completely analyze this opinion. We will address the Court’s decision in full detail at a time to be determined [Wednesday].”

And a source close to Gore said he hadn’t decided to make a concession speech. “He’s speaking tomorrow, but he hasn’t decided what he’s going to say. So don’t read too much into it,” the source told ABCNEWS.

Gore’s wife, Tipper, tried to be a calming spirit for those among her husband’s aides, paging one with the message: “Hang tight with me. We’re trying to figure it out.”

Jubilant GOPMeanwhile, jubilant GOP supporters trumpeted the Supreme Court’s ruling as a clear indication that their man had won. Former Secretary of State James Baker, a senior adviser to Bush, said he spoke to both the Texas governor and his running mate, Dick Cheney.

“They are of course very pleased and gratified that seven justices of the United States Supreme Court agreed there were constitutional problems with the recount ordered by the Florida Supreme Court,” he said. While the court ruled 5-4 in favor of Bush, two dissenting justices noted questions about the constitutionality of the Florida court’s ruling last week to allow hand recounts of votes in all of Florida’s 67 counties.

Looking for Wiggle Room

Senior Democrats seemed resigned to a Gore defeat. But they held out hope that as the Gore team checks the high court’s decision, they may find some way to continue their battle for the presidency.

“Does it appear to be over? Yes it does,” Democratic Party General Chair Ed Rendell told Nightline. “If in fact it’s over, I believe the vice president will concede. He’s going to do what is right.”

But he said that a careful reading of the ruling reveals some wiggle room for the vice president, noting that the Supreme Court remanded the case to the Florida Supreme Court as well as reversing the decision, and that there may be a legal remedy available in the remand.

“If there is a remedy and it can be explained to the people, I think it should be pursued,” he said, adding that he disagreed with the ruling.

“I think the court should have bent over backward to find a remedy” in the time remaining before the Dec. 18 meeting of presidential electors, he said.

Anger, Fighting SpirtSources close to Gore said the vice president’s team may still try to find a legal recourse, rather than conceding to Bush. “We’re angry and there’s the political will to fight it,” said a source close to the vice president. “If there is any way to fight this on the remand, that’s what we’re going to do. We’re looking for a constitutionally permissible standard.”

Still, at least one prominent Democrat is calling on Gore to concede the election.

“Clearly, the race for the presidency has come to an end,” said New Jersey Sen. Robert Torricelli. “George [W.] Bush is going to be the next president of the United States.”

The senator says Gore will be gracious in a concession.

Florida Secretary of State Katherine Harris — a party to many of the lawsuits on account of her decision to stick hard-and-fast to legal deadlines for counting votes — hailed the ruling as the end of the election.

“The cause of Democracy can stand the truth of law,” her office said in a statement. “There is closure now.”

Harvard law professor Laurence Tribe, a legal adviser to Gore, also suggested early in the evening that Gore should concede, but later back pedaled, saying the decision was lengthy and complicated and deserved closer study.

“I do think as I teach this to my students over the years, I’m going to be rather critical of what the court did both in terms of some of the legal reasoning and in terms of the institutional performance,” Tribe told NBC.

The Associated Press and Reuters contributed to this report.