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Want More Right-Wing Enablers Like Justice Scalias? McCain’s Your Man

I was intrigued to see Mike Stark’s post on Justice Scalia and deeply unimpressed when I read Justice Scalia’s recent and partisan remarks about the infamous Bush v. Gore decision. Aren’t conservatives the ones who always rail against activist judges blurring the line between law and politics? Scalia obliterated that line when he told people to “get over” the Bush v. Gore decision, morphing into a political hack who creatively argued that the real issue in the case wasn’t even that controversial.

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Scalia’s words are better suited to Karl Rove than a sitting Supreme Court justice. Scalia was essentially spinning the decision, trying to tell Americans that it wasn’t even that close a case on the main issue. Sure, and the 7-2 Roe v. Wade decision was similarly no big deal.

Americas understand that the Bush v. Gore decision was nakedly political. The decision (which was 5-4 on the question as to whether an alternative recount method could be established in a timely manner) nearly led Justice Souter to resign from the Court–he believed the decision mocked our rule of law tradition. Similarly, Justice Stevens wrote in dissent that the loser in the decision was the nation’s confidence in the impartiality of the courts. Souter and Stevens, by the way, were both appointed by Republican presidents and are hardly wild-eyed radicals (though they find themselves on the left of this extreme-right court).

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The Bush v. Gore decision absolutely reeks of politics. Justice Thomas’s wife was helping gather resumes for appointments to a “possible” Bush admnistration at the same time that Thomas was considering the case. Justice Scalia’s son was a partner in the law firm arguing Bush’s case before the Supreme Court. On election night, Justice O’Connor declared “this is terrible” when Florida was initially called for Gore–she wanted to retire, but wanted to do so with a Republican in the White House to name her successor.

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Personally, I am over the Bush v. Gore decision in the sense that I realize it cannot be changed. But I will object to any revisionist description of the case, and I will object even more strongly to John McCain, who tells us he wants to appoint more justices like Scalia. The best way to avoid more decisions like Bush v. Gore is to elect Barack Obama.

I’ll quote another judge to offer a simple response to Justice Scalia’s spin: don’t pee on my leg and tell me it’s raining.

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