Scalia Rewrites History, Claims 5-4 Bush v. Gore Decision ‘Wasn’t Even Close’

[TemplarKormac]

Far right reactionaries simply don't bother to read their own stuff from above that "'Seven justices of this Court agree that there are constitutional problems with the recount ordered by the Florida Supreme Court,' according to a 7-2 "per curiam," or unsigned, opinion in Bush v. Gore. 'The only disagreement is as to the remedy."

Once again, the signed decision was 5-4, which is the law, which is taught in HS and colleges.

Actually Jake, it was a 7-2 decision. Seven Justices felt that only recounting the ballots in only the Democratic counties as the Gore campaign wanted, was unconstitutional as per the 14th Amendment. This effectively ended the debate on the recounting methods used by the Florida Board of Elections, and ultimately handed the election to Bush. Both rulings were "per curiam" to be precise, including the 5-4 decision. The 5-4 vote was based on the deadline, and was only one half of this per curiam ruling.

Broadly speaking, the 7-2 split was over the question of reversing the Florida court, but the 5-4 split was over the termination of manual recounts. For aspiring paralegals like me, this ruling reflects a 7-2 decision, but if you split it along party lines, yes indeed it was 5-4.

Therefore, due to the highly partisan nature of the opinions, both decisions were were unsigned due to the high reaching implications of the ruling. More liberal interpretations of the decision would use the 5-4 vote to imply something that isn't there.

 

[Sallow]

The 7-2 decision in effect ended the count in Florida, at that ruling, the election was over. There was no way the votes could have been or would have been counted correctly.

No it wasn't.

They could have ruled that the election itself was flawed, and had a run off in Florida. There was more than enough reason to do that.

Gore lost every recount

Sent from my DROID RAZR using Tapatalk 2

Well no, he didn't.

And, Florida purged several thousand votes, stating, incorrectly they were ex-felons.

Add in that Bush's brother was the governor of Florida and his campaign manager was Secretary of State in Florida.

Each one of those reasons, alone, should have been enough for a new election run by the Federal government in Florida.

 

[TemplarKormac]

No it wasn't.

They could have ruled that the election itself was flawed, and had a run off in Florida. There was more than enough reason to do that.

Gore lost every recount

Sent from my DROID RAZR using Tapatalk 2

Well no, he didn't.

And, Florida purged several thousand votes, stating, incorrectly they were ex-felons.

Add in that Bush's brother was the governor of Florida and his campaign manager was Secretary of State in Florida.

Each one of those reasons, alone, should have been enough for a new election run by the Federal government in Florida.

Aha! But in 2000 the Florida Supreme Court was all Democrat. It doesn't matter if Jeb Bush was the governor of Florida.

I love how you liberals love to cherry-pick. Quiet you.

When Gore requested for recounts of all ballots in Broward, Miami-Dade, Palm Beach, and Volusia counties:

Bush won by 225 votes.

When the Florida Supreme Court requested a count of all undervotes statewide:

Bush won by 430 votes.

When the Florida Supreme Court order a recount of all undervotes on a county by county basis:

Bush won by 493 votes.

After the last recount was stayed, thus resulting in an incompletion:

Bush was winning by 154 votes.

The certified results of recounts included from Volusia and Broward only:

Bush won by 537 votes.

Wrong Sallow. Sit boy.

 

[Zarius]

Why is this coming up now? Is Obama planning to steal Florida, which is the only way he'll win it?

2012 Presidential Election Results - The Washington Post

Care to change this?

 

[JakeStarkey]

Jake and his liberal brothers can't count past 5

5 to 4, yup.

 

[M14 Shooter]

Scalia is entirely wrong about "getting over it".

There would nothing to be gotten over if this decision was a good one.

In fact..he should welcome the challenge.

If you think the decision is good or bad, that's your opinion. The decision was made and there is nothing that can be done to change that. If you don't like the way these elections turn out, then work harder to make the process better. But as long as you cling to this flawed idea called Democracy, you will continue to have these sort of problems with people who can't handle losing.

Of course there is something you can do about it. The Decision can be reversed. Doing that would go a long way in making sure it doesn't happen again.

Tell us: How could this decision EVER be reversed?

 

[M14 Shooter]

The 7-2 decision in effect ended the count in Florida, at that ruling, the election was over. There was no way the votes could have been or would have been counted correctly.

No it wasn't.
They could have ruled that the election itself was flawed, and had a run off in Florida. There was more than enough reason to do that.

No, they could not, as this would require legislation to that effect.

1: Election law cannot change during an election
2: Only the state legislatuires may create election law

Given these two things, no remedy, including your suggestion, was possible.

 

[TemplarKormac]

Jake and his liberal brothers can't count past 5

5 to 4, yup.

Coming from a guy who couldn't get the definition of "per curiam" correct.

Revisionist history. That's rich.

 

[tjvh]

By Ian Millhiser

During a speech at Wesleyan University last night, Supreme Court Justice Antonin Scalia offered a strange revision of the time he joined with four of his conservative colleagues to make George W. Bush president:

At the end of the speech, Scalia took questions from the audience. One person asked about the Bush-Gore case, where the Supreme Court had to determine the winner of the election.

“Get over it,” Scalia said of the controversy surrounding it, to laughter from the audience.“

Scalia reminded the audience it was Gore who took the election to court, and the election was going to be decided in a court anyway—either the Florida Supreme Court or the U.S. Supreme Court.

It was a long time ago, people forget…It was a 7-2 decision. It wasn’t even close,” he said.​

Bush v. Gore was not a 7-2 decision — and indeed, Scalia could tell this is true by counting all four of the dissenting opinions in that case. Although it is true that the four dissenters divided on how the Florida recount should proceed — two believed there should be a statewide recount of all Florida voters while two others believed a narrower recount would be acceptable — not one of the Court’s four moderates agreed with Scalia that the winner of the 2000 presidential election should effectively be chosen by five most conservative members of the Supreme Court of the United States.

Scalia Rewrites History, Claims 5-4 Bush v. Gore Decision 'Wasn't Even Close'

Scalia Lies About Bush V. Gore – Tells Crowd To ‘Get Over It’ | Addicting Info

Supreme Court justice Antonin Scalia speaks at Wesleyan - The Middletown Press : Serving Middletown, CT

Gore Won Florida

Obama's administration is imploding and all you loons can do is bring up Bush. Fuckin' hilarious!

 

[M14 Shooter]

Well it does turn out that CNN reports the vote was 7-2. You and CNN are low information types you know.

Sigh. The signed vote was 5 - 4.

Sigh, as usual liberals parse the truth.

There's no truth here - he's lying.

The ENTIRE decsion, borh the 7-2 vote on EP and the 5-4 vote on the remedy is per curiam; none of it was 'signed".
BUSH v. GORE

Jake knows he's lying and takes delight in it.

 

[tjvh]

Scalia is entirely wrong about "getting over it".

There would nothing to be gotten over if this decision was a good one.

In fact..he should welcome the challenge.

If you think the decision is good or bad, that's your opinion. The decision was made and there is nothing that can be done to change that. If you don't like the way these elections turn out, then work harder to make the process better. But as long as you cling to this flawed idea called Democracy, you will continue to have these sort of problems with people who can't handle losing.

Of course there is something you can do about it. The Decision can be reversed. Doing that would go a long way in making sure it doesn't happen again.

And yeah..I will continue with this flawed idea called "Democracy".

Always.

If only we lived in a Democracy.

 

[JakeStarkey]

Sigh. The signed vote was 5 - 4.

Sigh, as usual liberals parse the truth.

[The ENTIRE decsion, borh the 7-2 vote on EP and the 5-4 vote on the remedy is per curiam; none of it was 'signed".
BUSH v. GORE

I take delight in forcing you guys to read.

The final vote was 5 to 4 and thank you very much.

Remember, if you try to answer the question in an exam you will fail if you do not answer 5-4.

 

[TemplarKormac]

Sigh. The signed vote was 5 - 4.

Sigh, as usual liberals parse the truth.

[The ENTIRE decsion, borh the 7-2 vote on EP and the 5-4 vote on the remedy is per curiam; none of it was 'signed".
BUSH v. GORE

I take delight in forcing you guys to read.

The final vote was 5 to 4 and thank you very much.

Remember, if you try to answer the question in an exam you will fail if you do not answer 5-4.

I did read the entire decision. Opinions and all. In fact I have a repository of case law from all 50 states and Federal stored on this hard drive. You stated earlier that only the 5-4 decision wasn't per curiam. You lied Jake.

 

[M14 Shooter]

Sigh. The signed vote was 5 - 4.

[The ENTIRE decsion, borh the 7-2 vote on EP and the 5-4 vote on the remedy is per curiam; none of it was 'signed".
BUSH v. GORE

I take delight in forcing you guys to read.

The final vote was 5 to 4 and thank you very much.

Remember, if you try to answer the question in an exam you will fail if you do not answer 5-4.

I did read the entire decision. Opinions and all. In fact I have a repository of case law from all 50 states and Federal stored on this hard drive. You stated earlier that only the 5-4 decision was per curiam. You lied Jake.

He lied, and he is proud of it.

 

[Crackerjaxon]

It's pretty damned obvious that Scalia was referring to the 7-2 vote, isn't it?

 

[TemplarKormac]

It's pretty damned obvious that Scalia was referring to the 7-2 vote, isn't it?

Indeed. Liberals can't handle it, as evidenced here.

 

[Redfish]

the libtards will never get over the FACT that Bush beat their clowns twice.

Its funny watching them twist and spin trying to rewrite history.

If only they spent as much effort on what is going on right now under chairman maobama and his band of corrupt traitors.

 

[M14 Shooter]

It's pretty damned obvious that Scalia was referring to the 7-2 vote, isn't it?

To be sure, the 7-2 EP decision was not close, and after that, there was no possible legal/constitutional remedy.

 

[CrusaderFrank]

Jake thinks Gore should be appointed President Ex Post Facto because it was only 5-4

 

[PoliticalChic]

New York Times headline clearly stated, "Study of Disputed Florida Ballots Finds Justices Did Not Cast the Deciding Vote,"
Study of Disputed Florida Ballots Finds Justices Did Not Cast the Deciding Vote - NYTimes.com