Word: dissent
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...that came before him, his allies noted. In most of the cases where he didn't uphold death sentences, he wasn't alone--the decision was unanimous. And in two of six cases in which White wrote for the majority upholding a death sentence, he did so over the dissent of justices appointed by Ashcroft...
...motivated. Many say they were pained to see a court that once distinguished itself by removing barriers to voting--including racial prohibitions, poll taxes and literacy tests--stand in the way of counting valid votes. And Justice John Paul Stevens spoke for disillusioned observers everywhere when he declared in dissent that the decision to stop the vote count and declare Bush the winner "can only lend credence to the most cynical appraisal of the work of judges throughout the land...
America's confidence in the Supreme Court is, Justice Breyer wrote in his dissent, a "public treasure." But popular support for the court depends on citizens' believing it is an institution that makes principled decisions of law--not merely partisan choices. And every major decision the court gets wrong does lasting damage to its standing. The court has made mistakes in other critical moments in our nation's history, and it has never completely lived them down: the Dred Scott decision in 1857, upholding slavery, and Koramatsu v. United States, which approved the internment of Japanese-Americans during World...
...whole, and the individual Justices, will ultimately be affected by Bush v. Gore. But one thing is clear: the court has demonstrated in the past that it is fully capable of reasoning its way to dubious decisions. As Chief Justice Robert Jackson once wrote, in a bitter dissent of his own: "We are not final because we are infallible, but we are infallible only because we are final...
...fortifications, the Florida Supreme Court's decision may yet be vanquished. One of the best clues right now to the U.S. Supreme Court's concerns may be Scalia's brief concurrence to the stay order. In it, he expresses doubt--as Florida Chief Justice Wells did in his own dissent--about the constitutionality of letting the standard for counting hanging chads and dimples vary from county to county. And Scalia raises the long-standing Republican concern that multiple recounts may lead to degradation of ballots...