Even Geo Will now admits the dire consequences of Bush V Gore decision.

[Rose Siding]

I wouldn't post Will (I was half way through the piece before I realized it was him) but for the chill it gives me to see the outright admission that the decision was fubar.

Oct. 25 issue - On Dec. 12, 2000, the Supreme Court decided Bush v. Gore, ending the Florida fiasco and guaranteeing George W. Bush's election. Shortly thereafter the conservative National Review, which was pleased by the ruling's consequence but queasy about the reasoning that produced it, issued a warning, the prescience of which might become excruciatingly evident on Wednesday, Nov. 3. Noting that the court's "dubious argument" that standardless, selective hand counts in Florida violated the Constitution's guarantee of "equal protection of the laws," National Review said:

"It is unclear why—with the different vote tabulation systems from county to county, with different levels of accuracy—this line of reasoning wouldn't render Florida's entire electoral system unconstitutional. Or, for that matter, the nation's electoral system. In fact, all of life can be considered a violation of the equal protection clause, which is why the clause has traditionally been the Swiss Army knife of liberal jurisprudence, fit for achieving any result, however arbitrary."

Which is why Jeffrey Rosen's recent essay "Rematch: Bush v. Gore, Round 2" (The New Republic, Oct. 4, 2004) is mandatory reading for both campaigns and citizens who want to brace themselves for the storm that could engulf the nation as soon as the polls close Nov. 2. Then the parties might unleash thousands of lawyers, each clutching a copy of Bush v. Gore, to ferret out "equal protection" violations in every closely contested state.

Consider the use of different voting systems—electronic touchscreens, punch cards, etc.—in different jurisdictions of a particular state. All systems are fallible, and different systems have different error rates. Does that mean that "equal protection" is denied when different systems are used? What if the distribution of the different systems within the state means that errors have a "disparate impact" on minorities?

http://www.msnbc.msn.com/id/6262242/site/newsweek/

Will says Gore initiated court proceedings (ascribing blame, I presume, for SCOTUS crummy ruling) Is that so? I remembered Bush running to some court or another at every point.

[trotsky]

1. Bush went to the courts first.

He lost in the FL Supreme Court, so he took it to the national Supreme Court.

[LisaM]

2. I thought * took it to Federal Court (not the SCOTUS) first

the conservative circuit in Alabama.

[Boredtodeath]

7. That court is in Atlanta, not Alabama

and Bush went there first, yes.....but only to appeal one of the FL state court decisions. The appellate court in Atlanta denied the appeal, but not until well after the Bush team went to SCOTUS.

Bush v. Gore at SCOTUS was Bush all the way. They filed for an injunction with the now infamous lawsuit.

[LisaM]

12. Thanks - Atlanta makes a lot more sense

Even as I typed it I wasn't sure. I just thought that that was the first suit filed outside of the Florida process.

[jayfish]

3. Of Course He Admits It Now.

They are sitting in the same position as last time and they are poised to lose. They wouldn't want a similar scenario to go against them this time, would they? Why did you wait for four years George?

Jay

[On the Road]

4. Gor Filed for Recounts Through the Courts

which is the legal way to do it. It is NOT the same as being litigious.

One thing I wish more journalists would point out is that at the same time the Bush people were complaining about limited recounts (a long and time-tested procedure BTW), his campaign was doing EXACTLY the same thing in NM. Bush asked for a recount in one county that did not change the outcome.

[Marnieworld]

5. Gee I knew this on 12/12/2000

I didn't even have to have a law degree or read any of the books about the case or anything. It's pretty much common sense logic and when no one on TV was saying it I realized how bad things have become in our country. The media approved of an illegal coup. There is no other conclusion. Someone can whisper the obvious 4 years later but really what's the point. Until that election's truth is told an accepted this country will always be living a lie. Somehow we'll move on though if Kerry wins. I believe JFK was assassinated as part of a conspiracy but the official story will always be Oswald no matter what proof there is to the contrary. It's so sad because in theory this country is so wonderful but it takes vigilance to live up to the ideals. We haven't been doing a good job.

Go Sox!

[Journeyman]

6. Supreme Court cases are named for those who initiate the action. . .

Marbury sued Madison for his commission, Dred Scott sued John Sanford for his freedom, Brown sued the Board of Education to prove separate was unequal, and Bush sued Gore to stop the electoral vote count.

[Bandit]

8. Oh but remember this one particular ruling can not be used as

Precedent. Even though that is the sole purpose of the Supreme Court..to establish precedent. Every single ruling of the Court establishes Precedent. In this one case though in the entire history of the Court it can not be used as Precedent. That alone should tell the story of how they themselves felt about the legality of their ruling. Yes people will bring up Gore vs Bush* and there is no getting around it. If it is good for the goose....etc. etc.

[enki23]

9. why does it matter?

if i remember correctly, the supreme court knew damned well what a collossal pile of bullshit they'd just squeezed out the backdoor of the constitution, so they added a clause saying it can't be used as precedent for future decisions.

meaning, then, that bush v gore was a one time thing, and they would by no means need to make the same ruling in a hypothetical gore v bush role reversal.

[Javaman]

10. This is why Kerry must win in a landslide...

[Ernesto]

11. Will may be a prick, but he's a smart prick.

He's savy enough to know that the party is over for the chimp. Gore was behind by 12 poll points 4 years ago today. Will is one of the 1st rats to start covering his ass.