Jeffrey Toobin book: Distraught Justice Souter nearly resigned over Bush v. Gore

[DeepModem Mom]

Alquerque Examiner: September 4
‘The Nine’
Jeff Dufour and Patrick Gavin

According to Jeffrey Toobin’s new book on the Supreme Court, Justice David Souter nearly resigned in the wake of Bush v. Gore, so distraught was he over the decision that effectively ended the Florida recount and installed George W. Bush as president.

In “The Nine,” which goes on sale Sept. 18, Toobin writes that while the other justices tried to put the case behind them, “David Souter alone was shattered,” at times weeping when he thought of the case. “For many months, it was not at all clear whether he would remain as a justice,” Toobin continues. “That the Court met in a city he loathed made the decision even harder. At the urging of a handful of close friends, he decided to stay on, but his attitude toward the Court was never the same.”

Souter isn’t all despair in Toobin’s book, however. The author relates a story in which Souter played along with a stranger who mistook him for Justice Stephen Breyer. After the person asked him what the best thing about being on the court was, he replied: “Well, I’d have to say it’s the privilege of serving with David Souter.”

A court spokeswoman could not be reached over the weekend.

http://www.examiner.com/blogs/Yeas_and_Nays/2007/9/4/Book-says-Souter-mulled-resignation-after-Bush-v-Gore

[TwilightGardener]

1. Souter sounds like a good guy with a conscience--weird thing was,

wasn't he a Bush Elder appointee?

[DeepModem Mom]

2. He was -- and I think they vowed never to nominate a Justice whose wingnut credentials...

were not completely clear ever again. Souter surprised them. And -- thank God, Souter didn't resign.

[Solly Mack]

6. Gary Bauer made the comment that Souter "forgot why he was put there"

and "who" did the putting...

[TwilightGardener]

14. Souter must not have realized he had an agenda to fulfill, other

than being a fair, thoughtful Justice upholding the Constitution.

[Solly Mack]

15. He probably did know what was expected of him - but he didn't care

He had his own ideas about being a justice

and as DMM said, that's when they vowed to make sure only hardcore right-wingers were nominated...

[More Than A Feeling]

3. As much as he couldn't bear that decision,

he probably couldn't bear the thought of the decisions that would issue if he resigned to make it a more conservative court even more so. Good man, taking one for the team.

[Supersedeas]

21. exactly....so too, the postponed retirement of others in poor health

[reality based]

4. Bush v. Gore will in time become as infamous as Dred Scott.

It is a part of the Great Failure of four institutions in 2000: the electoral system, the courts, the media, and, unfortunately, the Democratic Party and its candidates. A political party founded in large part on the ashes of anti-democratic electoral manipulation in 1824 (the Adams-Clay "corrupt bargain" that deprived Andrew Jackson of his popular vote plurality) was unable to present an effective case that the voters' will should take precedence.

[BlooInBloo]

10. lol! No it won't.

[n2doc]

16. If it leads to the establishment of a dictatorship it will n/t

[yardwork]

20. Why do you say that? I absolutely agree that it will be an infamously bad decision.

[DefenseLawyer]

25. Perhaps not for the social and moral implications

but as a "legal" decision is is most definitely on par with the worst reasoned decisions in history. Utterly terrible, both it its reasoning, its gleeful trampling of precedent and its cynicism. Truly one of the lowest points in the history of the republic.

[n2doc]

5. Thank goodness he didn't

or else there would be still ANOTHER fascist vote on the USSC.

[WinkyDink]

8. Why so? Clinton would still have been President for 2 months, able to nominate a Justice.

[cali]

11. No he wouldn't.

It was mid-December when the Court Decision came down. There was approximately 5 weeks between then and Inauguration day. It was impossible.

[Kingshakabobo]

12. Here's a "what if." What would have happened if the senate tied up...

.....the nomination until Bush took office? Can a new president pull a nominee from a prior admin?

What if we lose one of our guys in the next 14 months? Can we tie up the next "roberts" till we, hopefully, have the oval office?

IIRC, Stevens is not in the best of health??

[WinkyDink]

7. Close doesn't count, in the "Profiles in Courage" category.

[cali]

9. huh? n/t

[Pirate Smile]

13. Bush would have gotten to install his replacement. It would have been a disaster.

Thank goodness he didn't resign even though his devastation was certainly justified.

[CatWoman]

17. PS

Some people can't see the forest for the trees :hi:

[Pirate Smile]

23. Sometimes doing the right thing sucks but life isn't a fairy tale. Souter saw the forrest through

the trees. We would have loved the PR impact but it would have been terrible long term.

:hi:
Good to see you, Catwoman.

[Poll_Blind]

18. I know what you mean.

  You and I probably had some of the same thoughts while reading the article.

PB

[Bluebear]

19. My attitude toward the Court was never the same either, Dave. Take heart.

Thank you, Sandra Day O'Connor. :sarcasm:

[Lindsey]

22. Yea, they're criminals as far as I'm concerned ("The Betrayal of America"

written by Vincent Bugliosi is extremely enlightening).

[pnorman]

24. This iswhat Justice Stevens (appointed by Bush41) said at that time:

"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 as the impartial guardian of the rule of law."

Former Justice Sandra Day O'Connor was supposed to have been happy that she had the opportunity to vote on that issue before retiring. But by recent reports, she is having Buyers remorse over the monster she helped install into the Oval Office.

pnorman

[Raster]

26. self delete.

[Raster]

27. As well O'Connor should! Instead of being remembered as the first woman on the SCOTUS,

she will best be remembered as part of the "felonious five" that hijacked democracy and put cheney/bush* in power. I've seen O'Connor on television pine away about the lack of independent judiciary. WHAT A FUCKING JOKE! Look in the mirror, Sandra, YOU ARE THE REASON independent judiciary is at risk. YOU are the prime example of everything wrong today with the American judiciary.

Wake up America!:kick: