Hillary Clinton Says Presidential Election Case Example of Supreme Court Gone Awry

AP via TBO ^ | 7/23/02 | Anne Gearan

[Jean S]

WASHINGTON (AP) - The Bush v. Gore presidential election case is an example of a hypocritical Supreme Court majority that broadens the rights of states only when it serves conservative ends, Sen. Hillary Rodham Clinton said Tuesday.

Clinton, D-N.Y., criticized the court's recent trend of 5-4 cases that have favored state power over federal control. The case that ended Florida ballot recounts in the disputed 2000 presidential election was also a 5-4 vote, but it stripped a state of power to administer its own laws, the former first lady said.

"Perhaps even more disturbing than the court's impulse to defend state and local prerogatives is the selectivity of that impulse," Clinton told an audience of law students, lawyers and judges at the liberal American Constitution Society.

States win the power struggle when they want to claim immunity from civil rights lawsuits or get tough on criminals, but not when they want to limit cigarette ads, help fund legal help for poor people, or "follow their own election laws," Clinton said.

The Bush v. Gore case centered on whether a fair recount could be done under Florida election law and still give the state time to have its electors included in the Electoral College.

Clinton called the court led by Chief Justice William H. Rehnquist "one of the most activist, if not the most activist, Supreme Court ever in American history."

Conservatives, including President Bush, have criticized "judicial activism," or the substitution of a judge's own views for established law. Conservatives have pointed to the civil rights-era decisions of the court under Chief Justice Warren Burger as examples of such activism.

Critics on the left have countered, as Clinton did Tuesday, that activism is often in the eye of the beholder.

While the court has the power to strike down federal laws, it has been historically reluctant to do so, Clinton noted.

The Warren court struck down federal laws in about 20 cases over 16 years, she said. The Rehnquist court, in the last eight terms alone, has done so in 32 cases. Eleven of those were states' rights cases in which the state prevailed, and many of those involved states trying to avoid "enforcement of civil rights guaranteed by federal law," Clinton said.

"In addition to installing an American president, the current Supreme Court has invalidated federal laws at the most astounding rate in our nation's history," Clinton said to applause and laughter.

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On the Net:

American Constitution Society site: www.americanconstitutionsociety.org

AP-ES-07-23-02 2203EDT

[demkicker]

"H!llary is what my Dad used to refer to as a 'useful idiot', that is, someone to remind you of what's wrong with something else."

Ha! Wonderful analogy made by your dad.

"I say, give her a pulpit and let 'er rip."

If it were anyone but Hitlery, I wouldn't be so pessimistic. She's the devils number one candidate, the media loves her and too many idiot sheeple vote for me to breathe easy.

[Remole]

The judgment in Bush v. Gore dealt with the procedure for electing the electors, which is manifestly a federal matter. This matter is handed over to the several states to manage as each sees fit according to custom and technology, but the Supremes, rightly by 7-2 vote, determined that the Florida Rules were not proper.

Now, to exend that logic would mean that ALL Presidential Ballots must be consistent throughout the nation, but the Supremes in Dec. 2000 made it clear that their decision concerned only the current set of facts before them.

[ladtx]

Actually, the US Supreme Court stripped the Florida Supreme Court of the power to ignore Florida state laws whenever they damn well felt like it. Terrible shame, that.

Exactly what I was thinking. The SCOTUS just made sure that a state did follow its own laws. Seems she conviently forgot that point.

[TommyDale]

"Clinton, a Democrat from New York, criticized the court's recent trend of 5-4 cases that have favored state power over federal control."

I guess the senator has never read the 10th Amendment. Too bad she feels the Constitution is unconstitutional. Thank God her husband did not appoint her to the Supreme Court! This woman is an imbecile!

[b4its2late]

[justshe]

We will never be rid of these two lowlife pieces of white trash commies!

The Saudi Princes are dropping like flies (2, so far)...so there IS hope. A car wreck? A plane crash? GOD knows where they are, and I can only assume He has some INTERESTING times in store for these two. Just hope this one time.......I will here when 'what goes around, comes around.'

[CaptRon]

She is. This was the scariest part of the article:

"Perhaps even more disturbing than the court's impulse to defend state and local prerogatives"

If that ain't a big government type I don't know what is.

[garden variety]

The woman is a waste of human skin.

[votelife]

Dear President Bush, With the Surpeme Court session getting ready to close, it may well be time for perhaps the most important domestic decision of your presidency: the appointment of a Supreme Court Justice(s). The main reason why I supported you in 2000 and why I wanted Daschle out of power in 02 (and 04) has to do with the courts. I want America courts to interpret law, not write law. During your presidential campaign you said Thomas and Scalia were your two model justices. Those are excellent models. The High Court needs more like them. Clarence Thomas recently said to students that the tough cases were when what he wanted to do was different from what the law said. And he goes by the law. This should be a model philosophy for our justices. Your father, President Bush lost his reelection campaign for 3 main reasosn, as far as I can see. 1. he broke the no new taxes pledge 2. David Souter 3. Clinton convinced people we were in a Bush recession (which we had already come out of by the time Clinton was getting sworn in)

I urge you to learn from all three of these: 1. on taxes, you're doing great. Awesome job on the tax cut. 2. good job so far on judicial appointments. I want to see more of a fight for Estrada, Owen, and Pickering, but I commend you on your nominations. 3. by staying engaged in the economic debate you'll serve yourself well

I have been thoroughly impressed with your handling of al Queida, Iraq, and terrorism. You have inspired confidence and have shown great leadership.

But I want to remind you that your Supreme Court pick(s) will be with us LONG after you have departed office. I urge you to avoid the tempation to find a "compromise" pick. Go for a Scalia or Thomas. Don't go for an O'Connor or Kennedy. To be specific, get someone who is pro-life. Roe v Wade is one of the worst court decisions I know of, and it's the perfect example of unrestrained judicial power.

I know the temptation will be tremendous on you to nominate a moderate. But remember who your true supporters are. I am not a important leader or politician. I am "simply" a citizen who has been an enthusiatic supporter of you. I am willing to accept compromise in many areas of government but I will watch your Court nomiantions extremely closely. What the Senate Dems are doing right now is disgusting, but as the President you have the bully pulpit to stop it. Democrats will back down if you turn up serious heat on them.

Moreover, I think public opinion is shifting towards the pro-life position. Dems will want you to nominate a moderate, but almost all will vote against you anyways. Pro-choice Repubs will likely still vote for you if you nominate a Scalia, after all, you campaigned on it. So Mr. President, I urge you to stick with your campaign statements and nominate justices who believe in judicial restraint, like Scalia and Thomas.

Happy Memorial Day and may God bless you and your family.

[mombonn]

Just found this thread. Two words for sinator hillary!:

EAT DIRT

[Carolinamom]

Hillary's trolling for votes from the uninformed w/this erroneous statement. I remember at that horrible time that she also called for eliminating the electoral college. She had her finger to the wind on that one too.

[votelife]

I think Hillary wanted the elimination of the electoral college to be the first be she brought up

[Tailback]

As a current member of the National Guard I have a question for Hillary. Have the military absentee ballots to Florida that were thrown out ever been properly counted and included in the total vote in the 2000 Florida presidential election? No? I didn't think so.

Has every single absentee ballot cast nationwide been counted and included in the total from the 2000 election? No? I didn't think so.

Was the ruling by the Supreme Court regarding the selective recounts in the 2000 Presidential election 7-2 against the selective recounts? Yes? Does the media ever report this? No? I didn't think so.

[sport]

Amen and amen!

If Ashcroft spent one tenth the energy and time going after the clinton crime cartel [hillary and bill] that he has spent going after Martha Stewart both of them would be serving prison terms totalling hundreds of years.

One wonders why Ashcroft is going after Martha Stewart and letting hillary skate.

Could the answer be that hillary has his fbi file and Martha Stewart does not?

[sport]

Amen and amen!

If Ashcroft spent one tenth the energy and time going after the clinton crime cartel [hillary and bill] that he has spent going after Martha Stewart both of them would be serving prison terms totalling hundreds of years.

One wonders why Ashcroft is going after Martha Stewart and letting hillary skate.

Could the answer be that hillary has his fbi file and Martha Stewart does not?