Word: ginsburg
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Indeed, by the very fact of the nomination process, all the Justices have links to one political side or the other. Ginsburg and Breyer were nominated to the court during the Clinton Administration and have been strong supporters of Democratic views. O'Connor was vetted for her post by, among others, James Baker, who led Bush's postelection fight. And Clarence Thomas was nominated by George W. Bush's father, who backed him during a heated confirmation battle. On the other hand, court appointees have a long history of defying political expectations and going their independent way. President Bush...
...broke down in just the ideological way everyone had hoped to avoid. The five conservatives--Chief Justice William Rehnquist and Justices Sandra Day O'Connor, Anthony Kennedy, Antonin Scalia and Clarence Thomas--voted to issue the stay. The four liberals--Justices John Paul Stevens, Stephen Breyer, Ruth Bader Ginsburg and David Souter--voted to let the counts...
...Connor, in particular, who could also retire during a Bush administration, is noted for her ability to side with the liberal-leaning Souter, Breyer, Ginsburg and Stevens on highly controversial issues like abortion while simultaneously maintaining one foot in the conservative camp, urging the right-of-center Justices to see their way to a compromise. And that's exactly the kind of presence GWB wants to perpetuate in the case of a vacancy...
...This is where the majority made a serious mistake - a failing the remaining four Justices (Souter, Breyer, Stevens and, most notably, Ginsburg) lambasted in their dissents. The majority chose December 12 arbitrarily, bypassing the more equitable date of December 18 for no reason other than to cut Al Gore's legal options short. As Justice Ginsburg wrote in her opinion, "The December 12 'deadline' for bringing Florida's electoral votes into safe harbor lacks the significance the Court assigns it. Were that date to pass, Florida would still be entitled to deliver electoral votes Congress must count unless both Houses...
...Ginsburg argues convincingly for considering the so-called "deadline" in light of the ultimate goal of the election: equal protection. If votes are disregarded because the U.S. Supreme Court itself stopped the recount and declared an artificial deadline (December 12), isn't that equally unconstitutional as counting undervotes without a uniform standard...