Kerry Supreme Court appointment would overturn Bush v. Gore


iconGiven the ailment of Chief Justice William Renquist, it seems likely that whomever wins next week's election will be tasked with nominating someone to the Supreme Court. Presidential hopeful John Kerry seized on the opportunity to promise that if elected, he would nominate a Supreme Court justice who would overturn the controversial Bush v. Gore decision of 2000. In 2000, the court decided 7-2 that Al Gore was trying to steal the Presidential election in Florida using unConstitutional selective recounts, but it was a much closer decision of 5-4 that actually put a stop to the attempted theft. Anybody-but-Bush supporters have used the decision to galvanize support for full time war hero and part-time Senator John F. Kerry.

Kerry claimed that overturning Bush v. Gore would "right a grave injustice in the American judicial system", and that a vote for him is like two votes for Gore.


Category:  Lampoonery
Comments (3)      top   link me

Comments

Even if the Supreme Court had decided the other way, Bush would still be president.

In this alternate universe, Florida would not have had time to get its votes together before the deadline, and we would have had no 'normal' electors - that is, the Democrat Party was trying to get Florida thrown out altogether of the electoral process altogether (talk about disenfranchisement!). By the constitution, in such a case, the state legislature can then call a special session to select alternate electors.

The Florida State Legislature was put on stand-by for a special session, to do just that. It leaned Republican in a big way.

It was one of the most beautiful examples of local politics I hope to see - the head of the legislature called 'em all in and made them sit still while he read them the Constitution.

Posted by: Persnickety at October 29, 2004 11:29 AM

And the final judgement in case disagreements about the electors leave the winner up in the air is the House of Representatives (for the President) and the Senate (for the Veep). Sounds like Bush would win in any case. If he insulted that Vermont Senator soon enough, Lieberman might be VP.

Posted by: markm at October 29, 2004 1:52 PM

But to overturn Bush vs Gore, you have to have a case that is currently justiciable in the courts. Since the SC doesn't have a time machine, nothing it can do in 2005 would reverse the effect of BvG, and so it would take a fresh case. So what is Kerry claiming - that in 2006 or 2008, the unDemocratic Party will file another vote-counting lawsuit and get the SC to declare that you DON'T have to count everyone's vote equally???

Posted by: markm at October 29, 2004 1:59 PM

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