Word: scalias
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Dates: during 2000-2009
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...night on December 12, just hours before the 124-year-old safe harbor dried up, this democracy looked to have gotten the president half of it wanted and the Supreme Court all of it deserved. The slenderest conservative majority of five declared the Florida game over, with a hard Scalia core shouting additional insults at the local referee. And the four liberals mourned that the fight for lost votes and elusive truth was called off cynically, with a few ticks still left on the clock...
Safe Harbor? Who Needs It? By depending heavily on a questionable interpretation of the federal "safe harbor" rule - the basis for the December 12 and 18 deadlines we've heard so much about - the majority Justices (Rehnquist, Kennedy, O'Connor, Scalia and Thomas) took a risky route to their ruling...
...This year the safe harbor ended Tuesday, and it was all the justification Rehnquist, Scalia, Thomas, O'Connor and Kennedy needed to pull the plug on Al Gore. The decision has already come under fire from liberals for being thinly disguised interventionism, and they have a point. But what Rehnquist did can in fact be thought of as exquisitely federalist. He left it up to Florida. But he let the legislature, not the court, control the clock...
...simplest terms possible, the Court reversed the Florida Supreme Court decision; seven Justices (Scalia, Thomas, Rehnquist, Kennedy, O'Connor, and, with reservations, Breyer and Souter) agreed there were constitutional problems with the recount ordered by the Florida court - specifically the requirements of due process and equal protection. Justices Stevens and Ginsberg argued the case should never have been accepted by the Court...
Rehnquist, Scalia, Kennedy, Thomas and O'Connor ruled the recount is impossible within the time restraints of the "safe harbor" statute in Florida election law, which requires electors to be chosen by December 12. The dissenters wrote blistering arguments against the majority opinion, maintaining there is a possibility for a recount before a December 18 deadline. The dissents included this passage by Justice Stevens: "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. It is the Nation' s confidence in the judge...