Karl Rove used the "liberal activist judges" thing in 1994, Alabama.
Karl Rove in a CornerThis article from the Atlantic Monthly 2004 says that 2000 was by no means Rove's closest race. They give 3 pages of details on a judges' race in Alabama in 1994. It is amazing, and it is scary how they never give up or back down.
In 1994 a group called the Business Council of Alabama appealed to Rove to help run a slate of Republican candidates for the state supreme court. This would not have seemed a plum assignment to most consultants. No Republican had been elected to that court in more than a century. But the council was hopeful, in large part because Rove had faced precisely this scenario in Texas several years before, and had managed to get elected, in rapid succession, a Republican chief justice and a number of associate justices, and was well on his way to turning an all-Democratic court all Republican. Rove took the job.
The race was between Perry O. Hooper and Ernest "Sonny" Hornsby. There is just no way that a few paragraphs will give the full impact.
All that changed in 1994. Rove brought to Alabama a formula, honed in Texas, for winning judicial races. It involved demonizing Democrats as pawns of the plaintiffs' bar and stoking populist resentment with tales of outrageous verdicts. At Rove's behest, Hooper and his fellow Republican candidates focused relentlessly on a single case involving an Alabama doctor from the richest part of the state who had sued BMW after discovering that, prior to delivery, his new car had been damaged by acid rain and repainted, diminishing its value. After a trial revealed this practice to be widespread, a jury slapped the automaker with $4 million in punitive damages. "It was the poster-child case of outrageous verdicts," says Bill Smith, a political consultant who got his start working for Rove on these and other Alabama races. "Karl figured out the vocabulary on the BMW case and others like it that point out not just liberal behavior but outrageous decisions that make you mad as hell."
Rove had the Republicans using the memes like "jackpot justice" and "wealthy personal-injury trial lawyers"...hmmm..mm where the heck have we heard that one recently?
They played ugly attack ads, one of which got the attention of Tom Brokaw on NBC's Nightly News.
In the end Rove's guy lost by 304 votes. That was not the end of it. Karl Rove called them to insist they have a recount. That recount stretched out with much unpleasantness...with tactics being used we have seen before.
The recount stretched into the following year. On Inauguration Day both candidates appeared for the ceremonies. By March the all-Democratic Alabama Supreme Court had ordered that the absentee ballots be counted. By April the matter was before the Eleventh Federal Circuit Court. The byzantine legal maneuvering continued for months. In mid-October a federal appeals-court judge finally ruled that the ballots could not be counted, and ordered the secretary of state to certify Hooper as the winner—only to have Hornsby's legal team appeal to the U.S. Supreme Court, which temporarily stayed the case. By now the recount had dragged on for almost a year.
When I went to visit Hooper, not long ago, we sat in the parlor of his Montgomery home as he described the denouement of Karl Rove's closest race. "On the afternoon of October the nineteenth," Hooper recalled, "I was in the back yard planting five hundred pink sweet Williams in my wife's garden, and she hollered out the back door, 'Your secretary just called—the Supreme Court just made a ruling that you're the chief justice of the Alabama Supreme Court!'" In the final tally he had prevailed by just 262 votes. Hooper smiled broadly and handed me a large photo of his swearing-in ceremony the next day. "That Karl Rove was a very impressive fellow," he said.
Sound familiar? One more paragraph.
In the decade since, the recount and the court battle have faded into obscurity, save for one brief period, late in 2000, when they suddenly became relevant again. Almost as if to remind Al Gore's campaign of Rove's skill when faced with a recount, the case was revived in a flurry of legal briefs in the Supreme Court case of Bush v. Gore—including one filed by the State of Alabama on behalf of George W. Bush.
These paragraphs are just from the first page of the three-page article.
It was written before the election in 2004 in November.
The author stated that Rove was preparing for a very close race. Then he made this observation:
It is ultimately not just Rove's skill but his character that allows him to perform on an entirely different plane. Along with remarkable strategic skills, he has both an understanding of the media's unstated self-limitations and a willingness to fight in territory where conscience forbids most others.
That may be the most telling statement...that he goes into territory where conscience forbids others to go.
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