When five voted for millions --by Robyn E. Blumner
One of the darkest hours in the history of the U.S. Supreme Court was Dec. 12, 2000, at 10 p.m., when the five-member conservative majority handed the presidency to George W. Bush over his rival Al Gore.
Despite Florida's 61,000 statewide undervotes - possible legal votes that had not been counted by the machines - the high court claimed it was acting in the name of fairness to the state's voters when it overturned a decision by the Florida Supreme Court and stopped the recount...
Margolick reports that
Justice Antonin Scalia was so anxious to shut the recount down that he pressured his colleagues to do so even before the Gore legal team had a chance to respond. That didn't happen, but consideration of the matter was moved up to the next morning. On the 9th, a stay was issued.
According to Margolick, the court's more conservative members, Chief Justice William Rehnquist, Justices Scalia, Clarence Thomas, Sandra Day O'Connor and Anthony Kennedy, quickly started "sending around memos to their colleagues, each of them offering a different rationale for ruling in Bush's favor."
They were "auditioning arguments," Margolick wrote. During the first go-round, Margolick reports, an O'Connor clerk told fellow clerks that "O'Connor was determined to overturn the Florida decision and was merely looking for grounds."
This was a court unhinged from the law, operating in a purely political guise, bereft of legitimacy.
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Lori Price
http://www.legitgov.org/