Grrrrrrrrrr: George Will: No Measurable Evidence That Bush v. Gore Harmed Prestige of Supreme Court [View all]
WILL: It cannot be a good thing going into the fall campaign for the most prestigious federal institution, the Supreme Court, to announce not only that the president's plan was unconstitutional but that it struck at the very fundamentals of the Madisonian architecture of limited government. That can't be a plus to a candidate.
This will be, I think either way, a 5-4 decision. Unlike, say, Brown v. Board of Education--
STEPHANOPOULOS: So you don't buy the argument that Roberts might try to go in the majority?
WILL: I think he'll be in the majority and write the opinion. I assume that will be the case.
But this isn't -- it was terribly important in Brown versus Board of Education having a unanimous court, because you were overturning the mores of a region and changing the thinking of society. This would overturn an unpopular law.
MORAN: But at 5-4, it will be all Republicans against all Democrats if the law goes down, just like it was in Citizens United, just like it was in Bush versus Gore. And the risk for the court is that it begins to be seen by a lot of people as just another political hacks up there who vote their partisan interests. And that hurts the long-term interest of the court.
WILL: There is no measurable evidence that Bush v. Gore, much more consequential decision had an effect on the prestige of the court.
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