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"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...

Author: By David M. Debartolo, | Title: The Court's Place in Politics | 12/14/2000 | See Source »

Stevens's pessimism has been widely echoed. Indeed, everyone fervently hoped that the court would be able to find some sort of consensus and ensure maximum possible credibility for the next president, protecting the court's image in the process. That hope has evaporated; despite the spin of Bush's...

Author: By David M. Debartolo, | Title: The Court's Place in Politics | 12/14/2000 | See Source »

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.

Author: By David M. Debartolo, | Title: The Court's Place in Politics | 12/14/2000 | See Source »

Let's say, for example, that the most likely scenario comes to pass, and Chief Justice Rehnquist or Associate Justice John Paul Stevens retires midway through Bush's first term: Where will a Bush administration look for replacements?

Author: /time Magazine | Title: A Kinder, Gentler Supreme Court? | 12/14/2000 | See Source »

O'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...

Author: /time Magazine | Title: A Kinder, Gentler Supreme Court? | 12/14/2000 | See Source »

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