Sandra Day O’Connor Finally Express Regret Over Her Vote on Bush v. Gore

The Bush years were a disgrace to the United States, including repeated violations of civil liberties, abuses of power, and incompetent governing. If those who defended the American system of democract against the abuses of the Bush years were to look back and choose one moment which was particularly upsetting, the two which would undoubtedly receive the most consideration would be going to war against Iraq based upon lies and the Supreme Court decision which placed Bush in power. Of course all the abuses of the Bush years were made possible by the Supreme Court’s decision in Bush v. Gore.

If the Supreme Court had respected the democratic system, or at least took a consistent view on states’ rights, the outcome isn’t entirely clear. The partial recount which Gore was seeking before the Supreme Court intervened would have still resulted in George Bush winning, but a full recount of Florida would have given the state to Gore. (There were additional problems in Florida such as voters intending to vote for Gore but mistakenly voting for Pat Buchanan due to the format of the ballot, but there was no conceivable remedy for this).  Regardless of what the outcome would have been, the Supreme Court was wrong to interfere with recounts in Florida.

Sandra Day O’Connor, who voted with the 5-4 majority to circumvent democracy, told that Chicago Tribune that the decision may have been wrong:

Retired U.S. Supreme Court Justice Sandra Day O’Connor hasn’t given much thought to which was the most important case she helped decide during her 25 years on the bench. But she has no doubt which was the most controversial.

It was Bush v. Gore, which ended the Florida recount and decided the 2000 presidential election.

Looking back, O’Connor said, she isn’t sure the high court should have taken the case.

“It took the case and decided it at a time when it was still a big election issue,” O’Connor said during a talk Friday with the Tribune editorial board. “Maybe the court should have said, ‘We’re not going to take it, goodbye.'”

The case, she said, “stirred up the public” and “gave the court a less-than-perfect reputation.”

“Obviously the court did reach a decision and thought it had to reach a decision,” she said. “It turned out the election authorities in Florida hadn’t done a real good job there and kind of messed it up. And probably the Supreme Court added to the problem at the end of the day.”

O’Connor, who was appointed by President Ronald Reagan in 1981, was the first woman to serve on the high court. Though she tended to side with the conservatives, O’Connor was known as the court’s swing vote. Her vote in the 5-4 Bush v. Gore decision effectively gave Republican George W. Bush a victory over his Democratic opponent, then-Vice President Al Gore.

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