Ten years ago, I was sitting in the Worldport Terminal at JFK, on my way home. Â I’d just picked up some Burger King french fries, waiting for a connecting flight back to DCA, while I watched the news. Â And it was there that I heard the result of Bush v. Gore. Â I can still tell you exactly where I was sitting. Â And then I saw the opinion read out on the television. Â And I was shocked.
Stupified. Â Confounded. Â Stunned.
The five justices in the majority helped complete my legal education in a way that I – at the time – truly didn’t think was possible.
The idealism of youth, I suppose. Â Or something like that.
To review, the majority applied a principle that they’d never cared about in a way that they’d never done before to a specific set of circumstances they said should never be considered in the future.
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I have very little interest in talking about Bush v. Gore. Â There’s nothing to say about it, from a legal standpoint. Â Sure, it’s a little useful as a basic honesty test, but those that defend it almost always reveal themselves as charlatans well before you ever get to the case itself. Â But I do hope that it’s taken as a lesson by new generations.
So long as the Republican party that produced the 5-4 result exists, it’s important that everyone involved in politics understands what happened.
brian
It might be worth noting that seven of the Justices agreed that the FSC’s recount ruling violated the 14th Amendment.
MB
Brian, that’s akin to saying that Congress has an 80% disapproval rating, so they must all be wrong. You know the mechanics of how it broke down.
warren
The obvious solution is to simply have the elector appointed by the state legislatures.
Will
20 / 20 hindsight is a terrible thing …. but as much as I couldn’t stand Gore …. he surely would have been by far the lessor of 2 evils