"It was a long time ago, people forget…It was a 7-2 decision. It wasn’t even close"

[boutons_deux]

Scalia Rewrites History, Claims 5-4 Bush v. Gore Decision ‘Wasn’t Even Close’


http://thinkprogress.org/justice/2012/03/09/441313/scalia-rewrites-history-claims-5-4-bush-v-gore-decision-wasnt-even-close/

Repug SCOTUS appointees, extreme, biased activists everyone of them, will fuck America for decades.

[Winehole23]

hindsight is 20/200

[Drachen]

Nevermind, I read the damn link.

[GSH]

Ginobili didn't really foul Nowitzki at the end of that WCF Semifinal game, and the Spurs got screwed out of a three-peat.

Al Franken didn't really win Minnesota, and that gave the Dems a majority in the Senate.

Waahh.

Shut the fuck up, Boutons. It's over. I don't know what the fuck Scalia was thinking, but it doesn't change anything.

[Yonivore]

Bush v. Gore (http://www.4lawschool.com/conlaw/bg.shtml)


In a 7-2 opinion, the court ordered that a ballot recount then being conducted in certain counties in Florida was to be stopped due to lacking a consistent standard. The court further declared, in a 5-4 vote, that there was insufficient time to establish standards for a new recount that would meet Florida's deadline for certifying electors. The ruling in effect awarded Bush the presidency.
The 7-2 vote stopped the unconstitutional recount. The 5-4 vote stopped the nattering and saved everyone a whole lot of time and inconvenience of going through a recount that has, since, been proven would not change the outcome.

[Yonivore]

the entirely underlying context of the abomination Bush v Gore is that there's this thing called the Constitution that contains a mechanism to decide too-close-to-call elections that has been invoked before, and also would have resulted in Bush winning anyway
And, what is that mechanism?

State's decide how they're going to choose the electors that participate in the presidential vote. The problem in Florida is their "mechanism" for deciding a close vote was a) not followed and b) usurped by the Florida Supreme Court decision the U. S. Supreme Court smacked down.

Had the Supreme Court not stepped in, Florida would have been allowed to selectively and non-uniformly recount votes until they achieved the result they desired -- a Gore victory.

7 of the Justices saw it that way. Only 5 (still a majority) believed it was a waste of time to let Florida come up with something better and more fair. And, in that 20/200 hindsight, they were right...because a fair recount would not have changed the outcome.