[Transcript Released]
[The following is not a verbatim transcript of a conversation between two Associate Justices of the United States Supreme Court and a Northern California ex-communicated Tamil sage named Vikshunal Naim.]
"Hi, this is Sandra O’Connor. I’m here with Justice Kennedy, and we were wondering if you have a minute to talk?"
"Most certainly," Sri Naim said humbly. "I guess I don’t have to ask what’s on your minds."
"No, and that’s the reason for our call, of course. We have a couple of questions and we were seeking an outside perspective."
"Redding’s about as far outside as you can get," the sage acknowledged. "What are the questions?"
"The first is, or maybe it’s the last, what is the best decision that we can make?"
"For whom? Posterity, or the nation?" the sage asked, seeking clarity.
There was a brief silence, and he wondered if they had taken his question personally.
"I think we’re all nine in agreement that this should be the right decision."
O’Connor chipped in, "Maybe so right that it moves us forward together as a nation again, on the right track this time."
"I like your attitude. What are the other questions?"
"First, do you think we should have gotten involved in these matters, and second, does it matter now?"
"No to both questions. You should have remained above the fray until you were needed. You weren’t; Florida was handling things. What possible sense could it make for you to step in and stop the counting? None. At least none that any but Republican party die-hards could see. Remember, when this first came up, Americans supported a fair recount by more than three to one. But okay, you did get yourself into it, and now, what with the legislature banging on their war drugs, it’s up to you supreme fellows and ladies to make the final decision. Everyone is looking to you for the leadership no one else has shown. Also, if you get the big one right, then the earlier screw-ups won’t matter, except to posterity. What else?"
"What is the right decision?"
"Ah, I thought you would have worked that out yourselves by now."
"We have, mostly. We’d like to have a unanimous verdict — ."
"— that would be a very good thing indeed — ."
" — But right now we have Scalia and Thomas together with the Chief Justice saying they don’t know how they could sign onto anything that would put Al Gore in the White House, and Breyer and Stevens and Ginsburg looking at the other three and wondering how they could survive if Bush would be president and added any more like them. Souter is back and forth; he’s waiting to hear where we are."
"So then it’s mostly about Gore and Bush?"
"Yes....and the role of the Court, and what is our role viz-a-viz the Florida court and legislature..."
"...and the voters."
"And the voters."
"What’s your gut feeling? What would stir 75% of the population to get to their feet and applaud your decision?"
"Count the ballots."
"Which ones?" Sri Naim pressed. "All of them?"
"No, no. Just the disputed ones."
"From which counties?"
"Only those which have already submitted."
"To whom would the disputed ballots go?"
"The Florida Supreme Court."
"All seven of them?"
"That’s their decision."
"What should be their standards for considering a ballot?"
"That’s their decision, too. Personally, I believe that dimples aren’t enough. But if they have punched through at least one corner, count it."
"What about in Palm Beach County, where so many people voted for Buchanan who probably meant to vote for Gore?"
"Nope. You have to draw the line somewhere. They should fix their ballot for next time, so that even people who confuse easily don’t, but that’s a local issue, not federal."
"And when should all this recounting be done?"
"The court should explain the standards, and then let the locals have at it immediately. When they have sifted out all of the decipherable ballots on the basis of the court’s standards, those that are remaining will be given to the justices to decide for themselves."
"So if they start tomorrow morning first thing, that should give them time to have all of the disputed ballots to the court in Tallahassee within 24 hours? If they make an effort."
"That would give the judges plenty of time to assess the disputed ballots and come up with a final count. Which they would give to the Florida Secretary of State to certify."
"And what about the legislature?"
"We would ask that they defer, and we would expect that for the good of the nation, they would abide by the final count of their own highest court."
"Well, I think you’ve thought it through fairly clearly. What’s the crux of your decision?"
"That it’s fair. It sets a reasonable standard for determining the intention of the voters, and puts the interpretation before the states highest judges."
"Seems awfully simple," observed the Sage Naim. "Of course, the best route usually is, when you boil down the issues to what is right."
"So you don’t think there should be any hitches?"
"Not from this perspective, if you all nine support it."
"I’m concerned that Rehnquist and his boys are going to bridle at the suggestion of putting Gore in the White House."
"But they won’t be doing that."
"You don’t think what we’re suggesting is going to result in a Gore victory in Florida?"
"It could," the sage conjectured, "but nothing has gone as expected these last five weeks. The fact is that the Supreme Court of the United States is not — and should not be — deciding who shall be the next president. You are clarifying how that process should be conducted in the most judicious manner. Which is all that can or should be asked of you. Same with the Florida Supreme Court. They will ultimately be determining how each of the disputed ballots should be counted. People tried to vote. They are not choosing a candidate but simply judging the individual ballots."
"I don’t know that everyone is going to buy your argument?"
"My argument? It is not my argument at all. I merely agreed with the way you laid out your path, which I thought was not only concise and reasoned, but difficult to counter. What arguments do you hear from the others?"
"Mostly its grumbling. It’s difficult if you can’t stand Gore as much as some of them do, or if you honestly fear Bush, as some of them do. And I might add, there are a number of us who can’t stand either of them."
"Like the rest of the country."
There was a short but resolute pause, and then O’Connor asked, "So you really think this decision could help turn our country around?"
Sri Naim took a deep breath. "I certainly hope so. I don’t see how you could not give it a try."