Which Supreme Court justices would have voted the same way in Bush v Gore if...
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  Which Supreme Court justices would have voted the same way in Bush v Gore if...		 « previous next »
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Question: Which Supreme Court justices would have voted the same way in Bush v Gore if...
#1
Rehnquist		  
#2
Scalia		  
#3
O'Connor		  
#4
Thomas		  
#5
Kennedy		  
#6
Breyer		  
#7
Ginsburg		  
#8
Souter		  
#9
Stevens		  
#10
None of them		  
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Author Topic: Which Supreme Court justices would have voted the same way in Bush v Gore if...  (Read 1060 times)
Ebowed
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« on: January 29, 2006, 11:20:18 PM »
If the Supreme Court case had been the other way around, Gore was winning the electoral vote (and Florida) but Bush was winning the popular vote, etc...  basically, the entire 2000 scenario with Bush and Gore switched.  Which Supreme Court Justices would have voted the same way they did (i.e. would Thomas have voted in favor of Gore with the same opinion that he used when voting in favor of Bush in the actual case?)?
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Jake
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« Reply #1 on: January 29, 2006, 11:23:04 PM »
Vote to end recounts, Gore ends up winner: Stevens, Souter, Ginsburg, Breyer, Rehnquist, and Scalia. Possibly O'Connor.

Dissenting: Thomas, Kennedy, and possibly O'Connor.
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jfern
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« Reply #2 on: January 30, 2006, 12:03:53 AM »
9-0 ruling for Bush.
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minionofmidas
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« Reply #3 on: January 30, 2006, 07:48:00 AM »
That does actually appear much the most likely, although I wouldn't hold a dissent impossible in the cases of Ginsburg and Scalia.
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opebo
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« Reply #4 on: January 30, 2006, 08:22:42 AM »

Correct as usual jfern!
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MasterJedi
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« Reply #5 on: January 30, 2006, 11:34:23 AM »
Quote from: Jake on January 29, 2006, 11:23:04 PM
Vote to end recounts, Gore ends up winner: Stevens, Souter, Ginsburg, Breyer, Rehnquist, and Scalia. Possibly O'Connor.

Dissenting: Thomas, Kennedy, and possibly O'Connor.

^^^^^
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jokerman
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« Reply #6 on: January 30, 2006, 02:10:32 PM »
5-4 for Bush again

I don't know, that's a cynical look at the matter.
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A18
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« Reply #7 on: January 30, 2006, 02:19:35 PM »

Um, Breyer voted in Bush's favor. Why would he flip-flop?
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minionofmidas
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« Reply #8 on: January 30, 2006, 02:39:42 PM »
Quote from: A18 on January 30, 2006, 02:19:35 PM

Um, Breyer voted in Bush's favor. Why would he flip-flop?
Uh, when?
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A18
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« Reply #9 on: January 30, 2006, 02:57:49 PM »

Breyer and Souter both thought the recount was unconstitutional. They disagreed with the remedy, which was the 5-4 decision.
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© tweed
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« Reply #10 on: January 30, 2006, 03:30:10 PM »
5-4 in favor of upholding the Florida SC decision
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nclib
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« Reply #11 on: January 30, 2006, 05:05:39 PM »
Quote from: Ebowed on January 29, 2006, 11:20:18 PM
If the Supreme Court case had been the other way around, Gore was winning the electoral vote (and Florida) but Bush was winning the popular vote, etc...  basically, the entire 2000 scenario with Bush and Gore switched.  Which Supreme Court Justices would have voted the same way they did (i.e. would Thomas have voted in favor of Gore with the same opinion that he used when voting in favor of Bush in the actual case?)?

Do you mean which justices would still vote for the same Presidential candidate or which justices would still vote for/against the recount?
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Ebowed
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« Reply #12 on: January 30, 2006, 05:13:44 PM »
Quote from: nclib on January 30, 2006, 05:05:39 PM
Quote from: Ebowed on January 29, 2006, 11:20:18 PM
If the Supreme Court case had been the other way around, Gore was winning the electoral vote (and Florida) but Bush was winning the popular vote, etc...  basically, the entire 2000 scenario with Bush and Gore switched.  Which Supreme Court Justices would have voted the same way they did (i.e. would Thomas have voted in favor of Gore with the same opinion that he used when voting in favor of Bush in the actual case?)?

Do you mean which justices would still vote for the same Presidential candidate or which justices would still vote for/against the recount?

The latter.
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Bdub
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« Reply #13 on: January 31, 2006, 08:47:55 AM »
Quote from: Jake on January 29, 2006, 11:23:04 PM
Vote to end recounts, Gore ends up winner: Stevens, Souter, Ginsburg, Breyer, Rehnquist, and Scalia. Possibly O'Connor.

Dissenting: Thomas, Kennedy, and possibly O'Connor.
This is the most likely scenario.
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