Word: antonins
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That may be the least of Gore's problems. No one knows for certain how the Supreme Court will rule this week, but Justice Antonin Scalia, in a rare concurring opinion to the court's Saturday ruling, warned that the "issuance of the stay suggests that a majority of the court, while not deciding the issues presented, believe that the petitioner has a substantial probability of success." That would be George W. Bush. For Gore to prevail, one of two swing votes among the nine Justices--either Anthony Kennedy or Sandra Day O'Connor--would have to peel from...
...Gore had been in the lead, [William] Rehnquist, [Antonin] Scalia and [Clarence] Thomas would have come up on the other side of the equal protection argument," he said...
...Whomever Bush chooses to take over the empty seat, he or she is unlikely to be an Antonin Scalia or a Clarence Thomas or even a William Rehnquist. Instead, the chosen one will fit neatly into the Kennedy-O'Connor mold: Centrist, clear-headed consensus-builders who are more or less immune to politicization of issues. As Pepperdine University constitutional scholar Douglas Kmiec told the Associated Press, "They end up being the glue of the opinion," moderating the conservative camp and mollifying the moderate-to-liberal camp...
...There will be boos when Rehnquist happily resigns during a Bush presidency. There will be louder boos when Bush makes Antonin Scalia Chief Justice. But 100 years from now, when the Democrats and Republicans have switched places again (the party of Lincoln lost the Florida black vote this year by something like a 9-to-1 margin) and some new election-by-brain-implant comes under dispute, it might seem perfectly natural to let politicians do the refereeing when the judges and lawyers botch the job. Al Gore and the Democrats may feel angry and cheated by the political/philosophical divisions...
...Tribe didn't have an easy time of it either, particularly when Justice Antonin Scalia, a Reagan appointee and the intellectual leader of the court's conservative wing, bustled in with an argument based on a less developed part of Bush's brief--that the Florida court didn't rely solely on statutes of the Florida legislature when it fashioned its solution to the case but relied more on the state constitution and the expansive notion of having every vote count. If that's true, then there's a violation of Article II of the Constitution...