Bush Vs. Gore is the Litmus Test--NY Daily New oped/Zion

[Gloria]

http://www.nydailynews.com/news/ideas_opinions/story/330083p-282082c.html

New York Daily News

Bush vs. Gore is the litmus test
Sidney Zion

Don't bother John Roberts about Roe vs. Wade. Make him tell us what he thinks about Bush vs. Gore.

That's the key question, and the answer will advise the Senate and the country as to his bona fides, advertised as a jurist who will read the Constitution as written and never legislate from the bench.

It should interest both sides of the Senate, and conservatives and liberals everywhere. In a pure sense, conservatives more, for they have promoted judicial self-restraint and states' rights forever.

And what decision in our history was more contemptuous of both than Bush vs. Gore? That 5-to-4 ruling, which ran against everything the Rehnquist Five stood for, put George W. Bush in the White House. It was nothing less than a judicial coup d'état, and it embarrassed principled conservatives as it outraged liberals.

Al Gore might have been President if the court had ordered a statewide recount of all the ballots that had been rejected, a total of 175,010.

[Inland]

1. And what's worse, the opinion declaring itself to not be precedent.

Everyone once in a while, a ruling is confined to its facts by later decisions...usually some Rehnquist fuckup.....as a nice way to overturn without saying so.

But for a decision to declare that it has no legal effect beyond the case is to admit that it isn't decided on any principles of law whatsoever.

[DeepModem Mom]

2. kick

[hvn_nbr_2]

3. Yes Yes Yes

:kick: and nominated. Rub their noses in their "judicial activism" and "states rights" bullcrap.

[Talismom]

4. Excellent suggestion! Right on! n/t

[Cocoa]

5. that was a terrible decision

and well worth discussing in the hearings.

[kliljedahl]

6. Funny the Bushco drones never mention this

when they complain about "activist judges." I usually shut them right up when I mention it. They still have no response to it.


Keith’s Barbeque Central

[jillan]

7. The democrats need to keep bringing this up

Can you imagine if that went the other way?
I can't - we've moved so far into a different direction since then:mad:

[elcondor]

8. Such a good point ... hopefully it

will come up! Nominated, thanks for posting

[snot]

9. I'd certainly like to know his answer.