Scalia, Thomas, Kennedy and O'Connor: Continued Lame False Defense of Bush v. Gore
They just will not let it go. And rightly so, because it will haunt their reputations forever. Yes, Bush v. Gore:
Three of the five Supreme Court justices who handed the presidency to George W. Bush in 2000 say they had no choice but to intervene in the Florida recount. Comments from Justice Anthony Kennedy and retired Justice Sandra Day O'Connor are in a new book that was published this week. Justice Antonin Scalia made his remarks Tuesday at Iona College in New York.
. . . "It's water over the deck _ get over it," Scalia said, drawing laughs from his audience. His remarks were reported in the Gannett Co.'s Journal-News. . . . "Counting somebody else's dimpled chad and not counting my dimpled chad is not giving equal protection of the law," Scalia said at Iona. . . . "A no-brainer! A state court deciding a federal constitutional issue about the presidential election? Of course you take the case," Kennedy told ABC News correspondent Jan Crawford Greenburg in her new book, "Supreme Conflict."
Kennedy said the justices didn't ask for the case to come their way. Then-Vice President Al Gore's legal team involved the courts in the election by asking a state court to order a recount, Kennedy said.O'Connor said the Florida court was "off on a trip of its own." Still, O'Connor said the outcome of the election would have been the same even if the court had not intervened.
Every bolded statement is unquestionably false. First, Bush went to court first NOT Gore. Bush filed a federal lawsuit challenging the recount. Second, the Florida Supreme Court decided SOLELY state law. It made NO ruling on federal law whatsoever. Third, if the view of equal protection expressed by Scalia is TRULY his view, then he has been lying in every OTHER EPC case he has opined in. Fpurth, Gore would have won if the recount would have been allowed. In all scenarios where there was a statewide recount that included overvotes, not dimpled chads issues. Just the overvotes.
But let's face it, what is left for these Justices to say? There are no fools here. Their actions in Bush v. Gore were beyond despicable - they undermined democracy and they undermined the Supreme Court as an institution. It is not at all clear we will ever get over what they did. Of course, one can play pop psychologist and see in the SCOTUS decisions of the past 6 years guilty consciences in Justices Kennedy and O'Connor. Lawrence, Hamdi, Rasul, may be the handiwork of that guilt. But we won't forget Bush v. Gore.
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