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Hullabaloo


Sunday, August 05, 2012

 
Sandra Day O'Connor haz a sad

by digby

Sandy can't you see I'm in misery
We made a start now were apart
There's nothing left for me
Love has flown all alone
I sit and wonder why-yi-yi-yi
Why, you left me oh Sandy


Ya think?

Former Supreme Court Justice Sandra Day O'Connor suggests that declining public approval of the court dates back to the controversial Bush v. Gore decision, which decided the 2000 presidential race.

"That was one that was widely talked about at the time, as you know, and involved the public in a presidential election," O'Connor said in an interview aired Sunday on CBS's "Face the Nation." "And that could be something that triggered public reexamination."

She said she wasn't sure if people thought the court had become too political.

"But I suppose that's part of it, yes," she said. "And of course, anytime you're deciding a case involving a presidential election, it's awfully close to politics."

She cast the deciding vote in the case, but she demurred on taking responsibility.

"I don't see how you can say anybody was the deciding vote," she said. "They all counted."

O'Connor said she has no regrets about her vote.

"No, I mean it was a tough deal; i[t] was a closely fought election; and it's no fun to be part of a group of decision makers that has to decide which side the ball is going to fall on," she said.


She had to "decide" which side the ball fell on, to be sure. But it's not as if she carefully weighed the evidence and the arguments:

After 7:50 p.m. November 7, 2000: Supreme Court Justice on Projected Gore Victory: ‘This Is Terrible’

Supreme Court Justice Sandra Day O’Connor, attending a Washington, DC, party and watching the news networks predict Florida, and thusly the presidency, for Democrat Al Gore, says aloud, “This is terrible.” Her husband explains that she is considering retiring from the Court, but will only do so if George W. Bush, a fellow Republican, is in office to appoint her successor.


And then there was this:

(November 29, 2000): Justice O’Connor Intends to Overturn Florida Supreme Court Decision, Grant Bush Election, Says Her Clerk

The clerks for the four liberal justices at the Supreme Court—John Paul Stevens, Stephen Breyer, David Souter, and Ruth Bader Ginsburg—continue their speculation as to whether the Court will actually attempt to decide the presidential election ((see November 20-21, 2000 and November 22-24, 2000), especially in light of Florida’s recent attempt to certify George W. Bush as the winner (see 7:30 p.m. November 26, 2000). At a November 29 dinner attended by clerks from several justices, a clerk for Justice Sandra Day O’Connor tells the group that O’Connor is determined to overturn the Florida Supreme Court’s decision to go ahead with manual recounts of election ballots (see 3:00 p.m., November 16, 2000). One clerk recalls the O’Connor clerk saying, “she thought the Florida court was trying to steal the election and that they had to stop it.” O’Connor has the reputation of deciding an issue on her “gut,” then finding legal justifications for supporting her decision. Unbeknownst to anyone outside the Court, O’Connor has already made up her mind.


Perhaps Justice O'Connor has finally realized what she has wrought. Or not.

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