http://www.nypost.com/news/nationalnews/58101.htmFrankie Edozien in the November 22, 2005 New York Post:
{start} U.S. Supreme Court Justice Antonin Scalia says the high court did not inject itself into the 2000 presidential election.
Speaking at the Time Warner Center last night, Scalia said: "The election was dragged into the courts by the Gore people. We did not go looking for trouble."
But he said the court had to take the case.
"The issue was whether Florida's Supreme Court or the United States Supreme Court [would decide the election.] What did you expect us to do? Turn the case down because it wasn't important enough?"
The conservative justice, who grew up in Queens, contended there would have been a difficult transition had the court not stepped in.
He also pointed out that studies by news organizations after the election showed Bush still would have won a Florida recount. {end}
What a load!
First, the case the Supreme Court acted on to steal the 2000 election from Al Gore was "GEORGE W. BUSH, et al., PETITIONERS v.ALBERT GORE, Jr., et al." I'm no lawyer, but I can advise Justice Scalia here: The fact that Bush's name comes first means that he was the petitioner or plaintiff. The fact that Gore's name came second means that he was the defendant. The fact that Bush was the petitioner or plaintiff means that he is the one who brought the issue to the courts. Not Gore. Look here to see the actual title of the case:
http://straylight.law.cornell.edu/supct/html/00-949.ZPC.htmlScalia then goes on to say that the Supreme Court had no choice but to take the case because it was "so important." This is a ridiculous assertion. Appeals courts like the US Supreme Court refuse to hear cases all the time when they believe the lower court has ruled correctly and there are no grounds for an appeal. Appeals courts also refuse to take cases when they have no jurisdiction to do so.
As a matter of judicial philosophy, conservatives like Scalia claim to believe in "state's rights" -- that the federal government should not usurp the supremacy of the states on matters that are germaine to the states. Why then would Scalia say the Florida Supreme Court was incapable of handling the case, except that he believed the state court would not render a decision acceptable to him? And Scalia's not supposed to care who prevails in court -- as a judge he's only supposed to care that the law is applied fairly.
In addition, the conservatives on the Supreme Court, including Scalia, claimed that Bush would be denied his rights under the US Constitution's 14th Amendment Equal Protection Clause if the courts in Florida allowed a recount to proceed. The Equal Protection Clause was part of a Constitutional amendment enacted after the Civil War. In America's early years the US Constitution guaranteed individual rights against intrusion by the federal government. After the 14th Amendment,
states were required to give all citizens equal protection of the law.
In Bush vs. Gore the Equal Protection claim was based on Bush's charge that in a recount different standards would be used in different counties to determine which ballots were valid. There are several problems with this argument. First, Florida law, rightly or wrongly, calls for each county to handle its own elections, so by state law different standards are likely to apply. Second, different localities use different methods to vote -- optical scanners, punchcards, pencils on paper ballots, lever operated machines, etc. Naturally, different types of ballots will require different standards to determine their validity.
But more importantly, Scalia and the other conservatives on the Court do not believe in the application of the Equal Protection Clause to voting rights. In other words, they applied law with which they do not agree and which they usually attempt not to apply in order to reach a decision favorable to the guy they wanted to be the winner.
Scalia then goes on to say that it was OK for the Supreme Court to hand the election to Bush because recounts show he would have won anyway if there had been a recount. Oh, bullshit! Yeah, the real recount story got buried in the stories about the September 11 2001 terrorist attacks when everyone wanted to rally behind Bush in a crisis, but if you care to look, you'll find that if there had been a recount, Gore would have won. To see for yourself, start here:
http://www.bushwatch.com/gorebush.htmhttp://www.americanpolitics.com/2001gore.htmlhttp://archive.democrats.com/display.cfm?id=248Finally, I will point out again that Scalia and for that matter any judge isn't supposed to care who won or who would have won -- judges are supposed to ensure that the law is applied fairly -- they're supposed to be interested in the process, NOT the outcome.