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Sandra Day O'Connor's Second Thoughts On The 2000 Bush v. Gore Decision
The Week ^ | 4/29/13 | Harold Maass

Posted on 04/30/2013 12:47:48 AM PDT by Lmo56

The retired justice acknowledges that the ruling that put Bush in the White House hurt the court's reputation ...

Seven years after retiring from the Supreme Court, Sandra Day O'Connor is second-guessing what she says was the most controversial ruling of her 25 years on the high court — Bush v. Gore, which decided the 2000 presidential election. O'Connor — appointed by Ronald Reagan in 1981 — was the swing vote who gave conservatives a 5-4 majority, and put George W. Bush in the White House. She says now that the court only "stirred up the public" and "gave the court a less-than-perfect reputation" by stepping in to end Florida's manual recount, giving the state's electoral votes — and the presidency — to Bush. "[The court] took the case and decided it at a time when it was still a big election issue," O'Connor told the Chicago Tribune editorial board recently. "Maybe the court should have said, 'We're not going to take it, goodbye.'"

(Excerpt) Read more at theweek.com ...


TOPICS: Constitution/Conservatism; Politics/Elections
KEYWORDS: bush; connor; election; gore
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"Maybe the court should have said, 'We're not going to take it, goodbye.'"

HORSE HOCKEY !!!

Umpires are paid to call balls and strikes. They sometimes have to take the heat when the 7th game of the World Series ends on a called 3rd strike in the bottom of the 9th, with 2 outs and the home team is behind.

O'Connor shouldn't have taken the job if she really feels this way about the decision. Is she forgetting that John Marshall FAMOUSLY wrote in Marbury v. Madison that:

It is emphatically the province and duty of the Judicial Department to say what the law is.

AND, Is she forgetting that SCOTUS UNANIMOUSLY remanded back to the Florida Supreme Court a closely-related case, Bush v. Palm Beach Canvassing Board for re-consideration eight days before deciding Bush v. Gore?

FYI: The Florida Supreme Court's decision allowing recounts was not changed - thus, Bush v. Gore went to SCOTUS.

AND, is she forgetting that Bush v. Gore was decided 7-2 [Breyer and Souter concurring with the 5 conservatives] on the basis of 14th Amendment Equal Protection violation in counting votes differently in different districts?

AND, is she forgetting that the Florida Legislature FULLY intended to participate in the elctoral process, as provided in 3 U.S.C. §5?

FYI: 3 U.S. C. §5 provides that:

If any State shall have provided, by laws enacted prior to the day fixed for the appointment of the electors, for its final determination of any controversy or contest concerning the appointment of all or any of the electors of such State, by judicial or other methods or procedures, and such determination shall have been made at least six days before the time fixed for the meeting of the electors, such determination made pursuant to such law so existing on said day, and made at least six days prior to said time of meeting of the electors, shall be conclusive, and shall govern in the counting of the electoral votes as provided in the Constitution, and as hereinafter regulated, so far as the ascertainment of the electors appointed by such State is concerned.

AND, is she forgetting that 3 U.S. C. §5's "Safe Harbor" provision set the final date for settling the selection of electors at 12 DEC 2000 - and that a recount WAS NOT a remedy since it COULD NOT be accomplished by the deadline?

AND, is she forgetting that the second part of the Bush v. Gore decision was 5-4 ONLY because the liberal justices STILL wanted the 14th Amendment violation remedy to be that Gore to was have another bite at the apple - with another recount?

O'Connor is a putz - just trying to burnish up her own reputation with remarks like she gave to the Trib ...

1 posted on 04/30/2013 12:47:48 AM PDT by Lmo56
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To: Lmo56
"Maybe the court should have said, 'We're not going to take it, goodbye.'"

...Says the same scumbag who ruled that government can seize private property and hand it over to a private business. Wow.. Anyway, she can go soil herself wherever she wants these days. Nobody cares. Good riddance.

2 posted on 04/30/2013 12:52:40 AM PDT by Lancey Howard
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To: Lmo56

I thought the relevant decision was 7-2, not 5-4.


3 posted on 04/30/2013 12:55:34 AM PDT by nickcarraway
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To: nickcarraway
I thought the relevant decision was 7-2, not 5-4.

It was, 7-2 that the Equal Protection Clause was violated by having selective recounts.

The second part of the decision 5-4 was that there was no time for a state-wide recount under exactly the same conditions in each district. Otherwise, if a recount was allowed, then the deadline would not be met.

4 posted on 04/30/2013 1:03:30 AM PDT by Lmo56 (If ya wanna run with the big dawgs - ya gotta learn to piss in the tall grass ...)
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To: nickcarraway

I thought the relevant aspect to this whole thing was that Jeb had certified the results while all this was going on, making all the SCOTUS stuff moot in “deciding” who was to be POTUS. The usual processes would have proceeded to elect Bush.


5 posted on 04/30/2013 1:04:31 AM PDT by C210N (When people fear government there is tyranny; when government fears people there is liberty)
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To: Lmo56

I thought each time the recount was done Gore lost more votes.......


6 posted on 04/30/2013 1:06:44 AM PDT by Doogle (USAF.68-73..8th TFW Ubon Thailand..never store a threat you should have eliminated))
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To: Lancey Howard

Uhhh, yeah.... Just shut up Sandra.... And go away.


7 posted on 04/30/2013 1:13:12 AM PDT by Bullish (May the time soon come when Obamunism is only spoken of in hell.)
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To: C210N
I thought the relevant aspect to this whole thing was that Jeb had certified the results while all this was going on, making all the SCOTUS stuff moot

I caught part of Mark Levin's program Monday evening and I believe his position was the same as yours. If I understood him correctly, he said the only real remedy open to Gore would have been to contest the certification of Florida's electors, in which case congress would have voted. And given the composition of congress at the time, Bush would still have won. At least that's how I understood the part of his commentary that I was able to catch.

8 posted on 04/30/2013 1:14:04 AM PDT by PeevedPatriot
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To: Lancey Howard

I could not have said it better, Lancey. I still remember the Abomination that was Kelo vs. New London.

It’s not Bush v. Gore that soiled her reputation. It was everything else she decided. Why the MSM lionized her over the years is beyond me.


9 posted on 04/30/2013 1:24:45 AM PDT by sauropod (I will not comply)
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To: Lancey Howard; Bullish; sauropod

O’Connor wrote the dissent in Kelo v. New London.

http://en.wikipedia.org/wiki/Kelo_v._City_of_New_London


10 posted on 04/30/2013 1:42:58 AM PDT by Slings and Arrows (You can't have IngSoc without an Emmanuel Goldstein.)
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To: Slings and Arrows

Thanks for that. I must be getting old.
Will somebody take me home?


11 posted on 04/30/2013 1:53:26 AM PDT by Lancey Howard
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To: Lancey Howard

Dunno. Have to find my car keys first.


12 posted on 04/30/2013 1:55:36 AM PDT by Slings and Arrows (You can't have IngSoc without an Emmanuel Goldstein.)
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To: Slings and Arrows

You’re right. *blush*

The memory fades with the passage of time.

Kelo is still an Abomination and O’Connor is still someone that still should have never been on the court.

Thanks for the correction, S&A. ‘Pod.


13 posted on 04/30/2013 1:59:54 AM PDT by sauropod (I will not comply)
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To: sauropod

The MSM lionized her only because she was the first woman on the SCOTUS. Remember, to Liberals/MSM, the MOST IMPORTANT thing is any minority status. Minority status trumps intelligence, ability and honesty. Her decisions is several cases were a disgrace, but she is a woman and that is what really matters, doesn’t it? /s


14 posted on 04/30/2013 2:05:28 AM PDT by originalbuckeye (Never yield to force; never yield to the apparently overwhelming might of the enemy)
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To: sauropod

No worries. And yes, there have been better justices.


15 posted on 04/30/2013 2:34:57 AM PDT by Slings and Arrows (You can't have IngSoc without an Emmanuel Goldstein.)
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To: Lmo56

In the 1991 World Series, the Minnesota Twins won 4 games to 3. Would Sandy O’Conner have stepped in to change the rules and say the Atlanta Braves “really won” because they scored 29 runs, while the Twins only scored 24 runs? Or would she have ruled that the Series should be settled under the rules of the game as agreed before they played? My guess: Sandy’s turned even more liberal - she would overturn the World Series too if enough people whined at her. Liberals disgust me. Without the rule of law, even America would turn into an ugly place, and they are trying that as an experiment.


16 posted on 04/30/2013 2:35:22 AM PDT by Pollster1 ("Shall not be infringed" is unambiguous.)
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To: Lmo56

Wow. What an unmitigated a-hole.

For some reason, the two people she reminds me of here are Robert McNamara and Jane Fonda.


17 posted on 04/30/2013 2:52:21 AM PDT by rlmorel ("We'll drink to good health for them that have it coming." Boss Spearman in Open Range)
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To: Lmo56
She says now that the court only "stirred up the public" and "gave the court a less-than-perfect reputation"

This is NOT what Supreme Court decisions should be based on.

18 posted on 04/30/2013 3:13:07 AM PDT by Falcon4.0
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To: Lmo56

Yes, the country would have been a lot better of with Al Jazzera Gore in as POTUS in 2000 to blaze the path for the next great Communist in Chief: Bronco Bama (sarc).


19 posted on 04/30/2013 3:16:57 AM PDT by broken_arrow1 (I regret that I have but one life to give for my country - Nathan Hale "Patriot")
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To: Lmo56

pathetic


20 posted on 04/30/2013 3:29:00 AM PDT by yldstrk (My heroes have always been cowboys)
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To: Lmo56
She says now that the court only "stirred up the public" and "gave the court a less-than-perfect reputation"...

Ha! If Sandy really thinks that I take it as a sign that senility has set in. As John Riggins once told her - lighten up, Sandy baby!

21 posted on 04/30/2013 3:34:57 AM PDT by Rummyfan (Iraq: it's not about Iraq He could sure play that axe. RIP anymore, it's about the USA!)
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To: Doogle
I thought each time the recount was done Gore lost more votes.......

With each election as far back as I can remember, the losing candidate once he knew it was over, would call the victor and concede as a show of national unity to help bring the country back together after the election. This also happened in 2000, with one difference... Gore called back a little later and reneged. In the World of Gentleman, a renege is accepting and making public the fact that your own word is not good. That fateful night, Al Gore made the choice between congratulating GWB for winning a good election or dividing our Country in order to give him a last chance of being president. Gore chose the path of a tyrant instead of the path of a great leader.

22 posted on 04/30/2013 3:40:13 AM PDT by Dixie Yooper (Ephesians 6:11)
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To: Falcon4.0

Exactly.

Senility is setting in badly to a Justice that wasn’t all that sharp to begin with.


23 posted on 04/30/2013 3:44:59 AM PDT by Venturer
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To: Lmo56
"Maybe the court should have said, 'We're not going to take it, goodbye.'"

HORSE HOCKEY !!!

Actually, she's absolutely right about this. Don't think of the U.S. Supreme Court as an umpire, but as the commissioner's office of Major League Baseball. Just because a manager files a protest against an umpire's call, it doesn't mean the commissioner's office has to hear the case. They can legitimately determine that the manager has no standing to bring the case.

That's exactly what the U.S. Supreme Court should have done in Bush v. Gore. The U.S. Constitution has very clear provisions that covered the situation in 2000, and by agreeing to take on the case, the Supreme Court basically tossed those provisions out the window. If Florida could not determine its own Electoral Votes by the time the Electoral College met, then the national Electoral Vote would be held without Florida's being counted. Neither candidate would have had enough Electoral Votes to win the election outright, so the president would have been elected in a special vote by Congress. Bush would have won that election, too -- so the irony is that the Court's involvement was meaningless in the end.

24 posted on 04/30/2013 3:50:17 AM PDT by Alberta's Child ("I am the master of my fate ... I am the captain of my soul.")
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To: Slings and Arrows; Lancey Howard

Dunno. Have to find my car keys first
= = = = = = = = = = = = = = = = =
The problem ISN’T losing your car or car keys, it is remembering whether you drove there or not.


25 posted on 04/30/2013 4:00:07 AM PDT by xrmusn (6/98 --I turn 75 next year- but remember, that's only 24 Celsius. (TKS R. Reagan))
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To: Lmo56

Don’t worry SDO, any reputation as a defender of the US Constitution and American principles were lost with the Traitorous SCOTUS 5-4 ruling on ObamaCare by POS Justce Roberts.


26 posted on 04/30/2013 4:02:17 AM PDT by broken_arrow1 (I regret that I have but one life to give for my country - Nathan Hale "Patriot")
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To: Lmo56
Umpires are paid to call balls and strikes

In baseball games, not in hockey games, with or without horses..

Federal courts should have no role whatsoever in our elections. The justices of the Supreme Court have expanded their jurisdiction to an extent never intended by the authors of Article III. They are NOT umpires for the political system.

The written Constitution anticipated EXACTLY the situation that arose on Florida, and Article II, as amended by XI and XII, provided the EXACTLY correct solution - a solution which, if implemented, would have left George W. Bush sworn in on January 20, 2001 with much better title to his office than he had.

The Secretary of State of Florida had already certified a slate of Electors for President and Vice President. AT MOST, the Florida Supreme Court could have ordered the appointment of a rival slate of Gore electors. The Republican Florida Legislature was prepared to exercise its exclusive power to appoint electors if needed.

The Electoral Vote Counting Act passed after 1876 lays out what Congress is supposed to do in this situation, which is to accept the correct slate after deliberation.

If the legal slate was accepted by the Republican majority, Bush would have been elected. If both slates had been disqualified, making no candidate with a majority, the House, voting by states (the Republicans then controlling 30 states), Bush would have been elected.

Only if the Republican majority had certified the illegally appointed Gore electors, instead of the electors chosen according to the method prescribed in Article II ("as the [Florida] Legislature thereof shall direct") could Gore have been President.

So, we could have allowed the Founders' system to work as designed, or we could have asked the Supreme Court to assume even more illegitimate and unconstitutional power, and we chose - poorly.

27 posted on 04/30/2013 4:25:43 AM PDT by Jim Noble (When strong, avoid them. Attack their weaknesses. Emerge to their surprise.)
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To: Lmo56

Duuuuuuuuuuuuuuuuuuuuuuuuh.
The SCOTUS (and her) actually followed that Constitution thingy.
Now, she ‘feels’ that’s a “bad thing”.
She sholda voted how she feeeeeeeeeeeeeeeels.

Yeech.


28 posted on 04/30/2013 4:27:08 AM PDT by Flintlock ("The British are coming--to TAKE OUR GUNS"--Paul Revere)
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To: broken_arrow1
Yes, the country would have been a lot better of with Al Jazzera Gore in as POTUS in 2000

Except that, if the Constitution had been allowed to work as designed, it was impossible for Gore to become President.

29 posted on 04/30/2013 4:28:15 AM PDT by Jim Noble (When strong, avoid them. Attack their weaknesses. Emerge to their surprise.)
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To: Lmo56
This proves that even republicans put incompetent and unqualified people on the SCOTUS. This b!tch had a duty to the law and the Constitution and damn her to hell if she denies that fact. FU sandra obunghole!

LLS

30 posted on 04/30/2013 4:29:29 AM PDT by LibLieSlayer (FROM MY COLD, DEAD HANDS!)
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To: Flintlock; holdonnow
The SCOTUS (and her) actually followed that Constitution thingy.

See my #27.

What SCOTUS did by accepting jurisdiction was as far from the Constitution as I could have imagined.

George W. Bush's lawsuit was over a nonjusticeable political question. Both the Florida Legislature and the US Congress were in session and able to act. They were (and are) the SOLE Constitutional and legal authorities in the matter of the appointment of Electors and certification of their votes.

EVERY SINGLE EXERCISE OF JUDICIAL AUTHORITY IN THIS MATTER WAS UNCONSTITUTIONAL, as well as unwise.

It is a sign of how far we have fallen that, even here, people think the USSC can (and should) do any old thing that seems like a good idea.

31 posted on 04/30/2013 4:33:37 AM PDT by Jim Noble (When strong, avoid them. Attack their weaknesses. Emerge to their surprise.)
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To: Alberta's Child

The Florida supremes and their progressive activism is what caused the SCOTUS to become involved. That is also clear and codified into law. The SCOTUS could either hear the case or refuse and let the Florida supremes stand as law.

LLS


32 posted on 04/30/2013 4:33:59 AM PDT by LibLieSlayer (FROM MY COLD, DEAD HANDS!)
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To: LibLieSlayer
This b!tch had a duty to the law and the Constitution

Yes, she did - and that duty was to deny cert for nonjusticeabillity.

33 posted on 04/30/2013 4:34:54 AM PDT by Jim Noble (When strong, avoid them. Attack their weaknesses. Emerge to their surprise.)
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To: LibLieSlayer
The SCOTUS could either hear the case or refuse and let the Florida supremes stand as law

Except that SCOFLA can't make laws in Florida, AND the sole power to appoint electors rested with the Legislature, which was sitting and ready to act.

The appointment of electors, and the counting (certification) of their votes, are not within the scope of powers granted in Article III.

34 posted on 04/30/2013 4:37:17 AM PDT by Jim Noble (When strong, avoid them. Attack their weaknesses. Emerge to their surprise.)
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To: broken_arrow1

Yep... And to lead the country after 9/11. Imagine the unmitigated disaster if Gore had been in the White House at that time.


35 posted on 04/30/2013 4:50:53 AM PDT by ScottinVA (Gun control: Steady firm grip, target within sights, squeeze the trigger slowly...)
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To: LibLieSlayer
The Supreme Court would have no jurisdiction in any case, because the actions of the Florida court were not subject to any Federal legal oversight.

It's worth noting that the Federal courts actually got it right in another case that was making news a couple of years after that. I'm referring to the situation in New Jersey where a corrupt worm named Bob Torricelli was replaced on the ballot by that fossil Frank Lautenberg after the ballot deadline had passed. It was the subject of a high-profile legal dispute, and the Supreme Court eventually refused to hear the case.

Their rationale was sound, and it was the same rationale that should have applied in Florida in 2000:

The court basically said that even a blatant violation of state law like the post-deadline ballot change in New Jersey was not covered under Federal law. The only Federal statute that would have applied was the Voting Rights Act, and in the New Jersey case there wasn't a single person who ever claimed that the ballot change had violated his or her right to vote. In other words, it's not the job of the Federal courts to correct a fouled-up state government.

36 posted on 04/30/2013 4:55:52 AM PDT by Alberta's Child ("I am the master of my fate ... I am the captain of my soul.")
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To: ScottinVA

Actually, I’ve said for years that the U.S. might have been better off with Gore in the White House on 9/11. He was always a calculating political @sshole, and if he thought it would have enhanced his stature in history he would have had no qualms about turning all of Afghanistan — and maybe Pakistan, too — into a smoking radioactive ruins. And the U.S. media would have given him all the political cover he would have needed, too.


37 posted on 04/30/2013 4:59:02 AM PDT by Alberta's Child ("I am the master of my fate ... I am the captain of my soul.")
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To: Lmo56

For the umpteen thousandth time, the Supreme Court did not install Bush as President. What it did was tell Florida, which had already passed the counting deadline provided for in its state law, to stop counting and certify its electors. That certification was for Bush by 537 votes. (The part of me that likes irony has always wished that the margin had been exactly one vote more.)

Maybe Jim Joyce shouldn’t have made a call on that runner at first in the game with Andres Galarraga, right, Sandy Baby?


38 posted on 04/30/2013 5:17:19 AM PDT by TBP (Obama lies, Granny dies.)
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To: PeevedPatriot

RE: #8, you are right. Also, he mentioned that Article 2, Section 1 of the Constitution gives the state legislature the authority to appoint electors as it chooses, and the FL legislature (majority Republican) was prepared to do just that, esp. given the kangaroo leftist Supreme Court in that state.


39 posted on 04/30/2013 5:22:03 AM PDT by Marathoner (Impeach Obama, Holder, Big Sis, and throw in IL Gov Quinn for good measure)
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To: Lmo56

If the supremes had not decided that case, we would have had a constitutional crisis, and perhaps civil war.


40 posted on 04/30/2013 5:28:54 AM PDT by Daveinyork (."Trusting government with power and money is like trusting teenaged boys with whiskey and car keys,)
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To: Marathoner

“RE: #8, you are right. Also, he mentioned that Article 2, Section 1 of the Constitution gives the state legislature the authority to appoint electors as it chooses, and the FL legislature (majority Republican) was prepared to do just that, esp. given the kangaroo leftist Supreme Court in that state.”

I was sitting next to a liberal at a Christmas luncheon while that fiasco was going on. He was arguing that the recounts should keep going until Gore won. I showed him that article in my pocket Constitution. I explained that the election, as certified by the Florida Secretary of State, should stand, because the Florida Supreme court had no jurisdiction in the matter, according to that article.

He exploded “You mean we’re not a democracy?”

“No, we are a republic,” I replied.

The next year, at that luncheon, his wife told me that he was refusing to sit at the same table with someone who had a copy of the Constitution in his pocket.


41 posted on 04/30/2013 5:38:19 AM PDT by Daveinyork (."Trusting government with power and money is like trusting teenaged boys with whiskey and car keys,)
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To: Alberta's Child

In the days following 9-11, because it was liberal NYC that was hit, it was a Bush-hating, New York liberal, normally anti-nuke. who told me that we should turn Afghanistan into a sheet of radioactive glass.

Of course, with Gore as POTUS, we may not have had any nukes by the time the terrorists struck.


42 posted on 04/30/2013 5:41:57 AM PDT by Daveinyork (."Trusting government with power and money is like trusting teenaged boys with whiskey and car keys,)
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To: Lmo56

Sandy Day O’Conner was Inflicted on the United States by an agreement between Ronald Reagan’s Female Dog of a daughter(ERA backer Maureen) and Ronald Reagan. Seem RR had an agreement with Female Dog Maureen that Maureen would not cause any “trouble” with RR in exchange for rr’s first USSC pick being a “women”. Making and keeping that “agreement” was RR’s Second LARGEST MISTAKE. Picking GHWB as his Veep want the first.


43 posted on 04/30/2013 5:54:42 AM PDT by US Navy Vet (Go Packers! Go Rockies! Go Boston Bruins! See, I'm "Diverse"!)
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To: nickcarraway

Yes, the relevant decision was 7-2. Gore wanted to have a re-count in 4, heavily Democrat counties. Screw the other 68 counties. And the Florida Supreme Court agreed, 6-0. No surprise that all of the 6 FSC were appointed by Democrats. The 5-4 decision was to tell Gore he had already wasted enough of the People’s time.


44 posted on 04/30/2013 6:02:05 AM PDT by mfish13 (ELECTIONS HAVE CONSEQUENCES!!!!)
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To: nickcarraway

Yes, the relevant decision was 7-2. Gore wanted to have a re-count in 4, heavily Democrat counties. Screw the other 68 counties. And the Florida Supreme Court agreed, 6-0. No surprise that all of the 6 FSC were appointed by Democrats. The 5-4 decision was to tell Gore he had already wasted enough of the People’s time.


45 posted on 04/30/2013 6:02:07 AM PDT by mfish13 (ELECTIONS HAVE CONSEQUENCES!!!!)
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To: Lancey Howard

the majority of the public applauded the Court on a job well done - the only downer is that it wasn’t a unanimous decision.


46 posted on 04/30/2013 6:16:23 AM PDT by elpadre (AfganistaMr Obama said the goal was to "disrupt, dismantle and defeat al-hereQaeda" and its allies.)
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To: mfish13

It was much more of a shame that the SCofFLAw voted unanimously to further the political cause they supported over the clear rule of law.


47 posted on 04/30/2013 6:17:59 AM PDT by MrB (The difference between a Humanist and a Satanist - the latter admits whom he's working for)
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To: Lmo56

God forbid the SCOTUS stands up for the Constitution and rule of law.


48 posted on 04/30/2013 6:23:09 AM PDT by Vision (We are not descended from fearful men)
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To: Jim Noble
Whether I agree or not... and I tend to agree with you... my point is that it was the Florida Supreme Court and their unConstitutional actions that brought the case to the SCOTUS and that is why they had it before them. Had they refused to hear the case... yes the Constitution would have been followed but blood would have flowed in the streets and many would have been injured or killed., That time may very well come anyway. I think that is why they heard the case but the blame for it even arriving there in the first place was that damned to hell progressive court in Florida.

LLS

49 posted on 04/30/2013 6:50:49 AM PDT by LibLieSlayer (FROM MY COLD, DEAD HANDS!)
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To: Alberta's Child

See my reply to Jim that resides above.

LLS


50 posted on 04/30/2013 6:52:02 AM PDT by LibLieSlayer (FROM MY COLD, DEAD HANDS!)
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