Word: dissenter
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...boasted in a short opinion that his side would have the votes in the end. That the stay was issued at all, he wrote, "suggests that a majority of the Court" believes Bush has "a substantial probability of success." But it may be significant that, unlike the four-person dissent, Scalia's concurrence was signed by him alone. The Democrats are already talking about peeling away a moderate member of the conservative bloc--Kennedy or possibly O'Connor. Until a ruling comes down, those two Justices will be two of the most powerful people on the planet...
...well in the Florida Supreme Court's own ranks. It is Jurisprudence 101 that when a court delivers a bombshell decision, the judges struggle to be unanimous. But the Florida court split 4-3, and the rift was a bitter one. Attached to the court's ruling was a dissent from the Chief Justice warning that the majority risked sending the nation into "an unprecedented and unnecessary constitutional crisis"--a powerful built-in sound bite for critics waiting to tear the majority decision apart...
...Justice Breyer gave voice in his dissent to an illusion that is retailed all over America: that the votes might have been satisfactorily counted. (Yes, and the Commies will be crushed just after the Lunar New Year.) More likely, the Florida recount would have turned into a decades-long proliferation of suits and countersuits, like Dickens' Jarndyce and Jarndyce...
...Although we may never know with complete certainty the identity of the winner of this year's Presidential election, the identity of the loser is perfectly clear," writes Justice John Paul Stevens in a sharp, biting dissent destined to join those of Justice Oliver Wendell Holmes, Class of 1863, in the history books. "It is the Nation's confidence in the judge as an impartial guardian of the rule...
Though many feel the court made the wrong decision and that a fair recount would have put Gore in the White House, the country and the court will move on. Dramatic and striking though it was, with any luck Stevens's dissent will prove unfounded...