Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Sandra Day O'Connor's Second Thoughts On The 2000 Bush v. Gore Decision
The Week ^ | 4/29/13 | Harold Maass

Posted on 04/30/2013 12:47:48 AM PDT by Lmo56

click here to read article


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-94 last
To: dfwgator

That was EXACTLY what I was thinking!!!!

You know me too well, my friend... :^)


81 posted on 05/01/2013 9:40:30 AM PDT by NFHale (The Second Amendment - By Any Means Necessary.)
[ Post Reply | Private Reply | To 79 | View Replies]

To: Pollster1; SunkenCiv; SeekAndFind; originalbuckeye; Clintonfatigued; AJFavish; MplsSteve; ...
Even though the World Series is not too good of analogy to a presidential election contest, it's ironic that you mentioned Minnesota in the same breath as Bush v. Gore.

Brings to mind the seemingly endless Franken v. Coleman U. S. Senate race recount in Minnesota in 2008. In that one, the initial results (a narrow Coleman win) were turned upside down after repeated selected recounts under aegis of Democrat state officials, with the alleged Franken victory in the recounts upheld by the 'Rat majority state Supreme Court. It certainly seems that partisan politics trumped the rule of law there, and without any SCOTUS intervention, Coleman stood exactly where Bush might have stood had the SCOTUS not intervened and let the FL Supreme Court play it its recount games in 2000. (Why Coleman didn't seek SCOTUS intervention is beyond me.)

82 posted on 05/01/2013 3:58:45 PM PDT by justiceseeker93
[ Post Reply | Private Reply | To 16 | View Replies]

To: Lmo56

BS to O’Connor.


83 posted on 05/01/2013 4:25:03 PM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
[ Post Reply | Private Reply | To 1 | View Replies]

To: justiceseeker93
Why Coleman didn't seek SCOTUS intervention is beyond me.

Because with Bush v Gore, it was a national impact where we can't allow different states to manipulate the Presidential vote. Or, in other words, states undermining each other's votes.

As we saw with the Torricelli - Forrester Senate race, SCOTUS refused to intervene when Forrester challenged the replacement of Torricelli with Lautenberg on the grounds that it was a single state issue. The same was likely true when Dino Rossi refused to challenge the recount shenanigans coming from Christine Gregoire.

By the time of the Coleman - Franken fiasco, I had hoped that SCOTUS came to realize what their inaction in New Jersey had wrought.

-PJ

84 posted on 05/01/2013 7:09:06 PM PDT by Political Junkie Too (If you are the Posterity of We the People, then you are a Natural Born Citizen.)
[ Post Reply | Private Reply | To 82 | View Replies]

To: Impy; justiceseeker93; AdmSmith; AnonymousConservative; Berosus; bigheadfred; Bockscar; ColdOne; ...

Thanks Impy and justiceseeker93.


85 posted on 05/01/2013 8:48:31 PM PDT by SunkenCiv (Romney would have been worse, if you're a dumb ass.)
[ Post Reply | Private Reply | To 75 | View Replies]

To: dfwgator; NFHale

Indeed.

She is a Designated Upper Management Base commander of the Tactical Women’s Alert Team.

And a four-flusher.


86 posted on 05/02/2013 12:31:06 AM PDT by Impy (All in favor of Harry Reid meeting Mr. Mayhem?)
[ Post Reply | Private Reply | To 79 | View Replies]

To: justiceseeker93; fieldmarshaldj

How about the 2004 WA State Gubernatorial race? After the first recount still had the Republican win they went and had a SECOND RECOUNT. That was a coup d’etat.


87 posted on 05/02/2013 12:34:20 AM PDT by Impy (All in favor of Harry Reid meeting Mr. Mayhem?)
[ Post Reply | Private Reply | To 82 | View Replies]

To: Political Junkie Too; David; theothercheek; AJFavish; GreatOne; All
As we saw with the Torricelli - Forrester Senate race, SCOTUS refused to intervene when Forrester challenged the replacement of Torricelli with Lautenberg on the grounds that it was a single state issue.

What year was that? I certainly don't recall Forrester asking for SCOTUS intervention, but vaguely recall the matter of Lautenberg replacing Toricelli at a late date being approved by the 'rat controlled NJ Supreme Court.

BTW, when SCOTUS denies certiorari from a another court, they have a policy of not commenting on why they denied it. So my gut feeling is that you may not have that history quite accurately.

I can't see the legal logic in distinguishing Bush v. Gore - reviewable by SCOTUS from a state supreme court - from the Forrester-Lautenberg matter, simply because one is a state contest for presidential electors and the other is a state contest for a US Senate seat.

88 posted on 05/02/2013 5:51:40 AM PDT by justiceseeker93
[ Post Reply | Private Reply | To 84 | View Replies]

To: justiceseeker93
>>(Why Coleman didn't seek SCOTUS intervention is beyond me.)

Because Repubs don't fight. They cringe and give in rather than be seen as "mean" and "evil." That's why the Dems win every long-term fight.

89 posted on 05/02/2013 6:15:20 AM PDT by pabianice
[ Post Reply | Private Reply | To 82 | View Replies]

To: pabianice; ml/nj; ExTexasRedhead; editor-surveyor; randita; Political Junkie Too; patriot08; ...
Because Repubs don't fight. They cringe and give in rather than be seen as "mean" and "evil." That's why the Dems win every long-term fight.

The Bush v. Gore situation in 2000 would be the big exception to the rule. Bush and his campaign did fight all the way to the SCOTUS to gain the White House.

On the other hand, the wimpiness of the Romney campaign in the face of an unprecedented degree of 'Rat election cheating and fraud last year is all too typical.

90 posted on 05/02/2013 6:54:02 AM PDT by justiceseeker93
[ Post Reply | Private Reply | To 89 | View Replies]

To: Lmo56

That’s right. Make a ruling based on public opinion, kinda like Roberts did.

What a joke the SCOTUS has become.


91 posted on 05/02/2013 6:56:02 AM PDT by rintense
[ Post Reply | Private Reply | To 1 | View Replies]

To: justiceseeker93
It was two years after Bush v Gore, and SCOTUS was wary of intervening again, so they were cowed into acquiesence by the MSM due to stigma of "selecting, not electing" Bush.

CNN October 8, 2002: Supreme Court won't intervene in N.J. case

-PJ

92 posted on 05/02/2013 9:52:53 AM PDT by Political Junkie Too (If you are the Posterity of We the People, then you are a Natural Born Citizen.)
[ Post Reply | Private Reply | To 88 | View Replies]

To: Lmo56

Stupid hag. You didn’t “give” the election to GWB, he won fair and square. Idiot! Gore was going to recount and recount and recount until he stole the election. All you did was stop the theft.

If that makes you sad, you’re a damn nut bucket suffering from senile dementia.

If Gore had been president, our country would be gone by now.


93 posted on 05/02/2013 10:31:00 AM PDT by TheOldLady
[ Post Reply | Private Reply | To 1 | View Replies]

To: justiceseeker93
Furthermore, the issue of Lautenberg replacing Torricelli at a late date was extreme tampering by the NJ Supreme Court.

The Democrats argued to the NJ Supreme Court that Torricelli, who was losing badly in the polls due to corruption and ethics charges, must be replaced in the name of "giving voters a competitive election." Never mind that the campaign had been going on for months and was competitive, but that Torricelli was losing the competition. To Democrats, it's only "competitive" if the Democrat is winning.

The NJ Supreme Court agreed, and orderd Torricelli to be replaced. Republicans had argued that it was too late (already past the statute deadline, changing the rules of the election in progress), and that absentee ballots had already been mailed out overseas. The Court said that new absentee ballots can be color-coded to indicate that they are changed, and then mailed out to be faxed back. Critics argued that faxing it back loses the color coding, but logical reasoning played no part in this decision to save the Senate seat for Democrats.

Simultaneous to arguing that Torricelli must be replaced in New Jersey in the name of competitive elections, Democrats were arguing in Hawaii that the deceased House Representative Patsy Mink must be KEPT on the ballot in the name of a competitive election, because replacing her with an unknown would not be fair to voters. Democrats argued that a vote for Mink should be counted as a vote for her replacement. As to be expected, Hawaii courts agreed with Democrats and kept Mink's name on the ballot, and her replacement went on to win the House seat.

This is the same argument that Democrats made in Missouri in 2000 when Democrat Senate candidate Mel Carnahan died in a plane crash a few weeks before the election. The Missouri governor said that it was too late to remove Carnahan's name from the ballot, but if he won the election the governor would appoint his wife to the seat in his place. Republican John Ashcroft should have argued that a dead candidate is not a valid candidate, and that any votes for Carnahan were to be tossed as invalid votes and not counted as a draft pick to be named later. Ashcroft didn't make the argument, and he lost the election. The postscript to this story is that Jean Carnahan ungraciously voted NO to Ashcroft's appointment as Attorney General under George W. Bush.

All these stories show how the Democrats fight everything, whether on solid legal ground or not, and Republicans cower from EVERY political fight (except Bush v Gore), when faced with the same.

-PJ

94 posted on 05/02/2013 10:48:01 AM PDT by Political Junkie Too (If you are the Posterity of We the People, then you are a Natural Born Citizen.)
[ Post Reply | Private Reply | To 88 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-94 last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson