Bench Memos

NRO’s home for judicial news and analysis.

Re: Linda Greenhouse’s Casual Wild Falsehood About Bush v. Gore


A follow-up to this post from last week:

A reader soundly suggests that I should also have pointed out that Linda Greenhouse, by omission, obscures the fact that Justice Breyer and Justice Souter agreed with the majority opinion in Bush v. Gore that the Florida supreme court’s recount order violated the Equal Protection Clause and dissented only on the appropriate remedy. The fact that seven justices found a constitutional violation seems to have disappeared from the memory of many critics of the ruling.

The reader also points out that Justice Breyer’s opinion contains a limiting statement very similar to the statement in the majority opinion that Greenhouse so wildly distorts: “I agree that, in these very special circumstances, basic principles of fairness may well have counseled the adoption of a uniform standard to address the problem.” (Emphasis added.)


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