Word: scalias
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Dates: during 2000-2009
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...Justice Scalia, the Bush camp's fiercest defender, has two sons employed by law firms working on the Bush postelection phase. And according to the Wall Street Journal, O'Connor's husband said at an election-night party that his wife, a 70-year-old breast-cancer survivor, would like to retire but that she would be reluctant to leave if a Democrat won the presidency and got to select her successor. Hers was a key swing vote that ensured a Republican victory. A conflict? Says Lerman: "At the very least it creates an appearance problem...
...that. Unlike the high court's first ruling in the case, which was carefully if precariously unanimous, the latest one 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...
...court may ultimately break down along these same partisan lines. Justice Scalia, the court's most conservative member, all but 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...
Despite its heavy 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...
...count seems clear: it will be hard for Gore to win the election if the counting is put off much longer. But it is Bush who got the stay--and Bush who the majority said would be harmed if the counting continued. What would the harm be? It could, Scalia writes, cast "a cloud upon what he claims to be the legitimacy of his election." It's a tricky argument: if the court wants to throw out the votes in the end, it would still be free to do so. But Scalia seems to be admitting that the court...