Sunday, October 31, 2004

Bush v. Gore: Dissenting Opinions

The Wikipedia gives you a good backgrounder on Bush v. Gore -- the case that decided the US Presidential Election in 2000. Here are the two dissenting opinions by Justice Stevens and Justice Ginsburg.
Time will one day heal the wound to that confidence that will be inflicted by today's decision. One thing, however, is certain. Although we may never know with complete certainty the identity of the winner of this year's Presidential election, the identity of the loser is perfectly clear. It is the Nation's confidence in the judge as an impartial guardian of the rule of law.

I respectfully dissent.

-- Justice Stevens
Notice in Justice Ginzburg's closing, she avoids the routine, "I respectfully dissent" to express her displeasure and instead concludes with "I dissent."
In sum, the Court’s conclusion that a constitutionally adequate recount is impractical is a prophecy the Court’s own judgment will not allow to be tested. Such an untested prophecy should not decide the Presidency of the United States.

I dissent.

-- Justice Ginsburg