Grrrrrrrrrr: Scalia Rewrites History - Claims 5-4 Bush v Gore Decision - ‘Wasn’t Even Close'
At the end of the speech, Scalia took questions from the audience. One person asked about the Bush-Gore case, where the Supreme Court had to determine the winner of the election.
“Get over it,” Scalia said of the controversy surrounding it, to laughter from the audience.“
Scalia reminded the audience it was Gore who took the election to court, and the election was going to be decided in a court anyway—either the Florida Supreme Court or the U.S. Supreme Court.
It was a long time ago, people forget…It was a 7-2 decision. It wasn’t even close,” he said.
Bush v. Gore was not a 7-2 decision — and indeed, Scalia could tell this is true by counting all four of the dissenting opinions in that case. Although it is true that the four dissenters divided on how the Florida recount should proceed — two believed there should be a statewide recount of all Florida voters while two others believed a narrower recount would be acceptable — not one of the Court’s four moderates agreed with Scalia that the winner of the 2000 presidential election should effectively be chosen by five most conservative members of the Supreme Court of the United States.
http://thinkprogress.org/justice/2012/03/09/441313/scalia-rewrites-history-claims-5-4-bush-v-gore-decision-wasnt-even-close/
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federal court, that's why they call it "Bush vs Gore," not the other way around.
The Supreme Court had no Constitutional reason to even take Bush's case, it was up to the people of Florida, and if they couldn't resolve it, the Florida Legislature and then ultimately the U.S. Congress in determining which set of electors to seat.
I can't decide whether Scalia is a deluded sack of fecal material or just a lying sack of shit?
Thanks for the thread, kpete.
We had our decisions made before we even heard anyone speak on the case.
to reason and to recall fact have degenerated as much as Scalia's should retire willingly or be persuaded to step down by his colleagues. 
The Supreme Court of Florida has said that the legislature intended the State’s electors to “participat[e] fully in the federal electoral process,” as provided in 3 U.S.C. § 5. ___ So. 2d, at ___ (slip op. at 27); see also Palm Beach Canvassing Bd. v. Harris, 2000 WL 1725434, *13 (Fla. 2000). That statute, in turn, requires that any controversy or contest that is designed to lead to a conclusive selection of electors be completed by December 12. That date is upon us, and there is no recount procedure in place under the State Supreme Court’s order that comports with minimal constitutional standards. Because it is evident that any recount seeking to meet the December 12 date will be unconstitutional for the reasons we have discussed, we reverse the judgment of the Supreme Court of Florida ordering a recount to proceed.
Seven Justices of the Court agree that there are constitutional problems with the recount ordered by the Florida Supreme Court that demand a remedy. See post, at 6 (Souter, J., dissenting); post, at 2, 15 (Breyer, J., dissenting). The only disagreement is as to the remedy. Because the Florida Supreme Court has said that the Florida Legislature intended to obtain the safe-harbor benefits of 3 U.S.C. § 5 Justice Breyer’s proposed remedy–remanding to the Florida Supreme Court for its ordering of a constitutionally proper contest until December 18-contemplates action in violation of the Florida election code, and hence could not be part of an “appropriate” order authorized by Fla. Stat. §102.168(8) (2000).
Interesting choice!
