General Discussion
In reply to the discussion: After Casting Key Fifth Vote For Bush, Justice O’Connor Now Regrets Bush v. Gore [View all]SlipperySlope
(2,751 posts)It wouldn't have mattered if the Supreme Court had passed on this case, Bush would still have ended up being President and it would have been even nastier than what we saw.
Here's why.
I remind everyone who forgot that the Republican legislature of Florida was poised to simply appoint a slate of Bush electors if the issue had continued to drag out in the courts.
So if the Supreme Court had passed on Bush v. Gore, then what? Then the Florida legislature would have acted to appoint a Bush slate of electors? Then we either would have ended up Bush (if the electors were not challenged), we would have ended up in the US Supreme Court anyway (if someone challenged the electors in Federal court), we would have ended up with Bush (if the Florida Supreme Court recognized the Legislature's electors), or we would have had a true constitutional crisis (if the state legislature recognized their electors, the state courts recognized a different set of electors, and the US Supreme Court refused to intervene).
The whole thing was a f*cking mess and the deck was stacked from the beginning. If SCOTUS had passed I honestly don't think it could have changed the outcome although it could have made the ugliness a lot clearer to see.