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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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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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To: Daveinyork
If the supremes had not decided that case, we would have had a constitutional crisis

Why would following the Constitution have caused a "constitutional crisis"?

51 posted on 04/30/2013 6:53:01 AM PDT by Jim Noble (When strong, avoid them. Attack their weaknesses. Emerge to their surprise.)
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To: TBP
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

Florida had already certified its electors.

52 posted on 04/30/2013 6:54:34 AM PDT by Jim Noble (When strong, avoid them. Attack their weaknesses. Emerge to their surprise.)
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To: Lmo56

I like your post. You covered—and well, I would add—all the salient points of the matter.


53 posted on 04/30/2013 7:00:12 AM PDT by OldPossum
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To: LibLieSlayer
yes the Constitution would have been followed but blood would have flowed in the streets and many would have been injured or killed

And that is the exact weak-ass argument of why the Constitution should NEVER be followed.

Are you saying that there is, and there should be, a mob veto over following the Constitution?

You, and others who use the Zombie Apocalypse argument, are just putting off the inevitable. I don't think the mob is powerful enough to overthrow the government, but if they are, they are.

Right now, they are getting everything they want with no risk of shedding THEIR blood. That has to change.

Millions will kill for socialism, but the number who are willing to die for it is much, much smaller.

54 posted on 04/30/2013 7:02:07 AM PDT by Jim Noble (When strong, avoid them. Attack their weaknesses. Emerge to their surprise.)
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To: Lmo56
Useful idiot. If only Reagan had picked Robert Bork instead of her for his first Supreme Court pick.

Time was running out--there wasn't time for the endless recounts Gore wanted to let his people "find" more votes if Florida's electors were going to be certified in time to cast their ballots. Plus the recounts that were done later showed that Bush did win Florida.

55 posted on 04/30/2013 7:04:33 AM PDT by Verginius Rufus
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To: Jim Noble

The problem is that half of the people did not want to follow the Constitution, and the polititions that they voted for would not.


56 posted on 04/30/2013 7:05:02 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: Verginius Rufus
if Florida's electors were going to be certified in time to cast their ballots

Florida's electors were already certified, by the Secretary of State as directed by the State Legislature.

SCOFLA had zero role, and should have been ignored.

57 posted on 04/30/2013 7:06:09 AM PDT by Jim Noble (When strong, avoid them. Attack their weaknesses. Emerge to their surprise.)
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To: Lmo56

Despite the gloating, though, some have pointed out that O’Connor isn’t saying the decision was wrong. As she told CNN’s Wolf Blitzer in 2010, the decision was a tough one, but there’s no reason to believe that, had the court allowed the contentious recount to drag on, Gore would have fared any better. “There were at least three separate recounts of the votes, the ballots, in the four counties where it was challenged, and not one of the recounts would the decision have changed. So I don’t worry about it,” she told Blitzer.


58 posted on 04/30/2013 7:06:43 AM PDT by Wyatt's Torch (I can explain it to you. I can't understand it for you.)
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To: Daveinyork
The problem is that half of the people did not want to follow the Constitution

No, the problem is that they are allowed to vote.

Republic 2.0 will have to address that.

59 posted on 04/30/2013 7:32:02 AM PDT by Jim Noble (When strong, avoid them. Attack their weaknesses. Emerge to their surprise.)
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To: Lmo56

The SCOTUS did not decide the election, the voters did. Problem is, the margin of victory was less than the margin of error.


60 posted on 04/30/2013 7:34:10 AM PDT by NCLaw441
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