Wednesday December 13 3:43 PM ET
Two U.S. Top Court Members Say No Politics in Rulings
By James Vicini
WASHINGTON (Reuters) - Chief Justice William Rehnquist and Justice Clarence Thomas sought to make clear on Wednesday that politics plays no role in the Supreme Court's decision-making, a day after the deeply divided court effectively gave Republican George W. Bush the presidency.
Rehnquist and Thomas, both appointed by Republican presidents, were part of the court's conservative majority in the 5-4 ruling that said recounts of ballots in Florida could not resume. The decision caused Democrat Al Gore to decide to end his fight for the White House, Democratic sources said.
In an appearance on the C-SPAN cable television network, Thomas was asked by high school students how party affiliation influences decision-making at the court. ``Zero,'' he replied. ''I've been here nine years. I haven't seen it.''
Rehnquist then showed up in the Supreme Court's public affairs room, where reporters watched Thomas on television.
Asked about Thomas' remark and whether it was especially appropriate in view of what just happened in the ``Bush v. Gore'' case, Rehnquist replied, ``Absolutely.'' He paused and repeated, ''absolutely'' and then left the room.
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Supreme Disappointment
Partner Peter is one of the best informed people I know. With decades in the news-talk business and an abiding appetite for things political, he knows a great deal about current events. Immersed in the warp and woof of headlines as they are being made, he keeps his head above the fray enough to create thoughtful contexts for what’s happening. And usually he is right in his perceptions, unless he disagrees with me, of course. Truth be told, mostly when we disagree, it is because I am more hopeful — he might think naive — about motive and possibility.
Peter’s take on The High Court — now ain’t that a shame — is that the right-wing together with the mere conservatives imposed their agenda and installed George Bush in the White House. Consider the slim majority. Antonin Scalia, the real radical, with Clarence Thomas his suckling shadow. The long-tarnished Chief Justice William Rehnquist, not just primitive in his thinking, but probably a tad loony as well; when he showed up with gold stripes on the sleeves of his black robe, it was more than a fashion statement. Miz Sandra Day O’Connor, the first woman on the court and no great credit to her gender, considered a moderate — everything is relative — along with Anthony Kennedy, but in fact they are only a little less conservative.
Their fig leaf was that a recount would mean that the votes were being counted differently in different counties, and that wasn’t fair. Indeed, they decided, it was downright unConstitutional. It should be noted, however, that a lotta intelligent folk who cared -- or didn’t -- about who became president thought that the equal protection issue was kinda specious, especially when you consider all the different ballots and counting procedures that are used, not only across Florida but the nation, too. The process of voting is not rocket science; we should be able to conduct an honest, effective election.
The eminent Constitutional scholar Ron Rotunda notes that right outside the nation’s capital, in Alexandria County, Virginia, they have a voting system that actually works, coming up with the same count every time. It’s a little more expensive, but it prevents mistakes like voting for two candidates. One wonders if the reason we don’t spend enough to make the process idiot-proof is because those in charge want to filter out that segment of the population that screws up their ballots. One wag says it’s pretty obvious to him that Democrats are dumber and thus have more of their ballots tossed. Isn’t that what Gore was effectively saying happened in Florida?
Stephen Breyer, John Stevens, Ruth Ginsburg, and David Souter not only dissented from the majority but warned that the court’s reputation for integrity would suffer with this decision. Bingo. And let us all bow our heads and think good thoughts for the continued good health of these four for the next four years.
It was just this simple: the court ordered a halt in the counting and then prohibited a recount because they said there wasn’t time. Confucius said that a man makes a second mistake by not admitting a first. Doesn’t seem the court got that fortune cookie. At least, as Peter notes, it will put to rest the ridiculous notion that choosing the president — as the one who picks the top judges — is not a casual issue.
I have long thought that we might have to suffer a composting period, where most everything goes to Florida in a handbasket, sits and rots, and then something beautiful, sweet-scented, and delicious rises from the murk. The issue, methinks, is how much compost time we’ll need, and just how slimy will things have to get, before we recover our step. Ultimately, this will be just a moment in time. Probably, if I’m not seeing too hopeful, Peter, we will grow from this.
And that’s SetonnoteS...I’m Tony Seton.