Over the past few days, three Supreme Court justices defended their 2000 decision to overturn a ruling of the Florida Supreme Court to halt the recount of Florida’s disputed election results, thus allowing George W. Bush to claim the state’s 25 electoral votes and victory in the presidential race, The Associated Press reports.
“A no-brainer! A state court deciding a federal constitutional issue about the presidential election? Of course you take the case,” Justice Anthony Kennedy said in an interview published in the just-published book “Supreme Conflict,” by ABC News correspondent Jan Crawford Greenburg.
Retired Justice Sandra Day O’Connor told Greenburg that the Florida court was “off on a trip of its own,” by which she meant that the recount violated the Constitution’s Equal Protection Clause because the counties involved in the recount were not following the same set of standards to determine whether to count a vote.
In a Q&A session following a speech at Iona College in NY, Justice Antonin Scalia said, “It’s water over the deck - get over it.”
Justice Clarence Thomas and the late Chief Justice William Rehnquist joined Justices Scalia, Kennedy and O’Connor in voting to stop the recount.
The Stiletto agrees with Justice Scalia that it’s high time people put the 2000 election behind them. To move on as it were. Maybe she’ll start a Web site to help people get past the rancor and divisiveness of that long-ago election. It would need a pithy name to generate traffic. What about, oh, MoveOn.org?
Editorial Note: Notice AP’s lede (emphasis, The Stiletto’s): “Three of the five Supreme Court justices who handed the presidency to George W. Bush in 2000 …” But AP wasn’t done editorializing in its “news” story: “Rather than by a direct vote of the people, the U.S. president is elected under an arcane two-centuries-old system of electors.”
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