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The entire process is tilted on its head, you can't have rules that say they must be -- ballots must be counted this way before the election and count them differently after the election. >> for team gore, david boyce countered the high court had no business intervening in the first place. >> that is something that has to be decided in the initial instance by the florida supreme court usurping florida law. >> the real issue is which court ought to be making that decision? historically, it was always the state scattered showers. historically, the united states supreme court had never intervened...

But republicans pushed past the florida supreme court to an even higher authority. >> the u.s. supreme court has agreed to put a stay on the recount in florida. >> on december 9th in a stunning decision, the united states supreme court ruled 5-4 to stop the count. >> i'm eating lunch in a sports bar when television flashed on the screen that the united states supreme court had issued an order stopping the vote count. my first reaction was that had to be a mistake. >> can't be true. >> was true. >> advantage, bush. and so the final showdown was set between two super lawyers. democrat david boyc...

The entire process is tilted on its head, you can't have rules that say they must be -- ballots must be counted this way before the election and count them differently after the election. >> for team gore, david boyce countered the high court had no business intervening in the first place. >> that is something that has to be decided by the florida supreme court usurping florida law. >> the real issue is which court ought to be making that decision? historically, it was always the state scattered showers. historically, the united states supreme court had never intervened in a presidential elect...

Call your bluff all the time. he is as cool as a cucumber and you can watch him. >> now that you talk about cool hand luke here. >> seriously. how did he get david boyce and ted olson to bring that case to court so effectively and how did they find kennedy, the this guy that believed in the lawrence case and the liberty clause and believed -- >> i want to say something about this. >> one thing he did on gay rights is stopped defending. he ordered the justice department to stop defending the defensive marriage about. it wasn't a big grand thing, as i recall. they just stopped doing it. >> it wa...

stores and kathleen parker and perry bacon, senior political reporter for nbc news. anyway, congressman frank, thank you for joining us. i remember 20 years ago you and i were in philadelphia. a lot of young men there, a lot of people there and weren't so optimistic about anything in terms of gay rights and you stood up and said have hope, times are changing. this is i think, 20 years ago. >> yeah, you know, chris, it was 19 years ago we were debating the marriage act on the floor of the house and in the senate that year, the vote was 85-12 against same-sex marriage. in the house it ...