The War This Time

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The next day when the U.S. Supreme Court proved Rove correct, at least for the short term, no one in Austin or in McLean, Va., where the Bush transition team has its headquarters, had the strength to celebrate. "We're too scarred for that," says an aide. They felt a whiff of excitement and boatloads of relief. Dick Cheney was at the movies when the news broke. An aide called from transition headquarters, and Cheney picked up the call in the dark theater. He was watching the new Meg Ryan thriller, "Proof of Life."

Perhaps the Gores and Liebermans should see that film, with its talismanic title, on their next double date. In the Gore camp, the latest "psychic blow," as an adviser called it, plunged the vice president's team back into darkness. They fretted that media opinion had just been turning their way, that with the call to count the votes being heeded, Gore would finally look like a winner. And then the counting stopped. "People aren't in a good mood," says a senior adviser. "Conventional wisdom can gel against us."

That may be the least of Gore's problems. No one knows for certain how the Supreme Court will rule this week, but Justice Antonin Scalia, in a rare concurring opinion to the Court's Saturday ruling, warned that the "issuance of the stay suggests that a majority of the court, while not deciding the issues presented, believe that the petitioner has a substantial probability of success." That would be George W. Bush. For Gore to prevail, one of two swing votes among the nine Justices — either Anthony Kennedy or Sandra Day O'Connor — would have to peel from the majority that granted the stay, deciding that the Florida Supreme Court had not changed the rules after the election or otherwise violated the Constitution, which confers power over elections to the legislatures. It could happen. If it doesn't, Gore is out of options. The election will be over. The war won't.

Last week, before the state supreme court's thunderclap ruling, it was difficult if not impossible to find a lawmaker on Capitol Hill who expected Gore to survive. "The coffin was on the ground, and the dirt was being poured on top of it," says a top Senate Democratic aide. Publicly the lawmakers still supported the vice president, albeit in a mechanical and slightly impatient way. Privately they prepared for life with President Bush.

Bush finally seemed to be slipping into the new role as well. With two stunning court rulings in his favor Monday — Leon County judge N. Sanders Sauls rejecting Gore's plea for a recount, and the U.S. Supreme Court setting aside the Florida high court's earlier pro-Gore ruling — he hoped not just for victory but for honor. In his best television performance in months, on CBS, Bush went out of his way to appear leaderly, good-humored and generous toward Gore. "He and I share something," Bush said. "We both put our heart and soul into the campaign." Message: I won. It's time for healing.

Bush began phoning GOP lawmakers and asking them to give the Gore bashing a rest. He instructed Cheney and other allies to send the same message. The overheated rhetoric had outlived its usefulness; now it was only stirring up the Democrats and making it harder for Bush to govern when the time came. He hoped that Gore allies would be more likely to call for their man to step down if the Republicans weren't constantly doing so, and he wanted to smooth the way for the charm offensive he would launch as soon as Gore made it official — the calls to key Democrats that had to remain on hold until the struggle was over. "More than ever, a President-elect has a unique moment to seize," Bush told CBS on Tuesday. "And I'm going to seize it."

While waiting things out in Austin and at the ranch, Bush has been deeply involved in congressional politicking. Already, and almost invisibly, he has his arms around the congressional GOP in a way his father never managed — a way that could serve him well if the election ends up being decided in Congress. Bush is holding regular discussions on legislative strategy with key allies such as Tennessee senator Bill Frist, Ohio congressman Rob Portman and Missouri representative Roy Blunt, a conservative leader close to Tom DeLay. Bush has a team of lobbyists and consultants — known as the Gang of Six — on call to remind uncooperative members of Congress where their campaign money comes from. And Bush has even weighed in on sensitive GOP leadership decisions, including the selection of new committee chairmen who would shepherd Bush's legislative agenda, House aides and Bush advisers told TIME. Rather than choose favorites, Bush's aides have mostly emphasized that Bush hopes to see lawmakers who agree with his policies installed as chairmen of the key committees. Bush allies in Congress have tried to keep a lid on Bush's involvement to head off charges that he is meddling in congressional prerogatives.