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Scalia On Bush v. Gore: Get Over It!
CBS News 60 Minutes ^ | April 24, 2008 | Ruth Streeter

Posted on 04/24/2008 3:04:19 PM PDT by 2ndDivisionVet

People who believe the U.S. Supreme Court’s decision giving the 2000 presidential election to George W. Bush was politically motivated should just get over it, says Justice Antonin Scalia.

Scalia denies that the controversial decision was political and discusses other aspects of his public and private life in a remarkably candid interview with 60 Minutes correspondent Lesley Stahl, this Sunday, April 27, at 7 p.m. ET/PT.

"I say nonsense," Scalia responds to Stahl’s observation that people say the Supreme Court’s decision in Gore v. Bush was based on politics and not justice. "Get over it. It’s so old by now. The principal issue in the case, whether the scheme that the Florida Supreme Court had put together violated the federal Constitution, that wasn’t even close. The vote was seven to two," he says, referring to the Supreme Court’s decision that the Supreme Court of Florida’s method for recounting ballots was unconstitutional.

Furthermore, says the outspoken conservative justice, it was Al Gore who ultimately put the issue into the courts. "It was Al Gore who made it a judicial question…. We didn’t go looking for trouble. It was he who said, 'I want this to be decided by the courts,'" says Scalia. "What are we supposed to say -- 'Not important enough?'" he jokes.

Call him conservative, just don’t call him biased on issues before the Supreme Court, including abortion, he says. "I am a law-and-order guy. I mean, I confess to being a social conservative, but it does not affect my views on cases," he tells Stahl. "On the abortion thing, for example, if indeed I were…trying to impose my own views, I would not only be opposed to Roe versus Wade, I would be in favor of the opposite view, which the anti-abortion people would like to see adopted, which is to interpret the Constitution to mean that a state must prohibit abortion." "And you’re against that?" asks Stahl. "Of course. There’s nothing [in the Constitution to support that view]."

Scalia also denies there is anything personal in his decisions or comments, which can often be biting. Stahl asks how he can be a close friend of Justice Ruth Bader Ginsburg, his liberal bench mate, despite the fact that they oftentimes disagree. "I attack ideas, I don’t attack people, and some very good people have some very bad ideas," he tells Stahl. "And if you can’t separate the two, you got to get another day job. You don’t want to be a judge, at least not a judge on a multi-member panel."


TOPICS: Constitution/Conservatism; Culture/Society; Extended News; Politics/Elections
KEYWORDS: elections; scalia; scotus; supremecourt
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Interesting.
1 posted on 04/24/2008 3:04:19 PM PDT by 2ndDivisionVet
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To: 2ndDivisionVet

Don’t worry, libs will never get over it.


2 posted on 04/24/2008 3:07:17 PM PDT by Always Right (Was it over when the Germans bombed Pearl Harbor?)
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To: 2ndDivisionVet
...that wasn’t even close. The vote was seven to two.

Roe v. Wade was a seven to two decision, too. Should we get over that as well?

3 posted on 04/24/2008 3:12:31 PM PDT by Non-Sequitur
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To: 2ndDivisionVet
Scalia is wrong. Those justices who ruled to allow the SCofLA to rewrite existing election law and to apply remedies in a disparate manner, voted to do so in a partisan manner. The minority of justices behaved politically.
4 posted on 04/24/2008 3:12:56 PM PDT by Nomorjer Kinov (If the opposite of "pro" is "con" , what is the opposite of progress?)
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To: 2ndDivisionVet
...it was Al Gore who ultimately put the issue into the courts

Not only that, but if the Florida Supreme Court had done their job according the Florida Law, it would have never gone to the SCOTUS

5 posted on 04/24/2008 3:13:30 PM PDT by Popman (Typical bitter white male clinging to my religion and guns......................)
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To: Always Right

Scalia is great but I doubt Stahl understood what he was telling her.


6 posted on 04/24/2008 3:19:19 PM PDT by Morgan in Denver (The "P" in Democrat stands for Patriot.......)
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To: 2ndDivisionVet

Note to GWB: “This is how a man with a spine talks”


7 posted on 04/24/2008 3:22:22 PM PDT by Zathras
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To: Morgan in Denver

she was just diggin’ up the past. Nothing else to do.


8 posted on 04/24/2008 3:22:33 PM PDT by cubreporter
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To: 2ndDivisionVet
I never watch 60 minutes but will take the time this Sunday to do so.
9 posted on 04/24/2008 3:24:58 PM PDT by fish hawk (The religion of Darwinism is dying. Thank God!)
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To: Non-Sequitur

WE didn’t have the judges THEN and we do NOW. Although they wont try to repeal it, I believe that IF is came up now it would not pass.


10 posted on 04/24/2008 3:27:29 PM PDT by fish hawk (The religion of Darwinism is dying. Thank God!)
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To: cubreporter

I think she reflects most of the Democrats mindset now. They cannot get over past losses, or that their agenda is horrible for the country.

I still get new articles from Democrats complaining about weapons of mass destruction and removal of Hussein in Iraq. They really are mentally disturbed, IMHO.


11 posted on 04/24/2008 3:27:32 PM PDT by Morgan in Denver (The "P" in Democrat stands for Patriot.......)
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To: 2ndDivisionVet

If I remember correctly, wasn’t it Bush campaign who first brought up the case to the court, not Gore? Hence Bush v. Gore?


12 posted on 04/24/2008 3:28:26 PM PDT by paudio (Michelle Obama: a Typical Black Woman)
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To: 2ndDivisionVet

Paul Begala STILL mentions the Supreme Court “appointing George Bush president” every chance he gets. He did it again on CNN Tuesday night. I know he is one guy who will never get over it!


13 posted on 04/24/2008 3:28:55 PM PDT by Dems_R_Losers (Another non-bitter Pennsylvanian)
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To: Zathras
Note to GWB: “This is how a man with a spine talks”

cc: J.McCain

14 posted on 04/24/2008 3:31:08 PM PDT by newfreep ("Liberalism is just Communism sold by the drink." - P.J. O'Rourke)
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To: paudio
Correct. Bush v. Gore was an appeal of the Florida Supreme Court's ruling in Gore v. Harris that more recounts were required in Florida. The U.S. Supreme Court ruled 7-2 that the recounts ordered by the Florida court in only selected counties violated the equal protection clause of the 14th amendment, and ruled 5-4 that the Florida Supreme Court could not construct a fair statewide recount procedure that would produce a result in time for Florida's electors to be seated when the Electoral College met on December 13, as required by the U.S. constitution.
15 posted on 04/24/2008 3:33:54 PM PDT by Dems_R_Losers (Another non-bitter Pennsylvanian)
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To: Non-Sequitur
Roe v. Wade was a seven to two decision, too. Should we get over that as well?

Yeah, actually. Fix it if you can but don't stew over it. Get over it and move on.

It's bad law and will see its day regardless.
16 posted on 04/24/2008 3:35:23 PM PDT by Filo (Darwin was right!)
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To: Dems_R_Losers

The Florida controversy was a nonjusticeable political question, which could have and should have been decided by a joint session of Congress on January 3, 2001 as provided for by the Constitution.

WHY DO YOU SUPPOSE the Constitution specifies that the electoral votes are to be opened and counted in the presence of the full Senate and the full House? Because they have nothing better to do?

The founders knew very well that the process was fundamentally political, was subject to mischief, and provided a measured and appropriate political mechanism to deal with problems.

The last time this happened, in 1877, no one, least of all the Supreme Court, would have imagined a role for the courts in the process.

It is a measure of the degradation of republican values that no one gave running to the courts in 2001 a second thought.


17 posted on 04/24/2008 3:50:31 PM PDT by Jim Noble (I've got a home in Glory Land that outshines the sun)
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To: Non-Sequitur

HUH !?

One ruling was Constitutional, so that makes it easy to ‘get over it’. The other ruling was unConstitutional unless one comes up with mumbo-jumbo like penumbras of the Bill of Rights to manufacture an inherent right to privacy.


18 posted on 04/24/2008 3:52:17 PM PDT by Para-Ord.45
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To: Morgan in Denver

They’d rather hang onto the past than to move into a brighter future. But, that’s what their party is based upon. Gloom and doom. Dark outlooks. So that they can tell the people just like the witch is doing now that they will FIGHT for them. What in the hell is there to FIGHT for? They are sooooooooooo old hat. Their politics are that of the older, staler, 60’s generations that can’t think for themselves. Not all mind you but...a lot. So, they are LED instead of being LEADERS and THINKING and DOING for themselves. They would rather have the Government do everything for them. Speaks volumes about them. I’d rather do with less and know I have what I have because of what I did to EARN it.


19 posted on 04/24/2008 3:55:05 PM PDT by cubreporter
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To: Morgan in Denver

They’d rather hang onto the past than to move into a brighter future. But, that’s what their party is based upon. Gloom and doom. Dark outlooks. So that they can tell the people just like the witch is doing now that they will FIGHT for them. What in the hell is there to FIGHT for? They are sooooooooooo old hat. Their politics are that of the older, staler, 60’s generations that can’t think for themselves. Not all mind you but...a lot. So, they are LED instead of being LEADERS and THINKING and DOING for themselves. They would rather have the Government do everything for them. Speaks volumes about them. I’d rather do with less and know I have what I have because of what I did to EARN it.


20 posted on 04/24/2008 3:55:17 PM PDT by cubreporter
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