The
decision, split down ideological conservative - liberal lines, lead to
accusations that partisan politics played a part in the high court's
deliberations.Appearing
on the C-SPAN public affairs cable network, Rhenquist and Thomas were questioned
by a group of high school students.
When
asked how political party loyalty affected the high court's decision making
process, Justice Thomas replied "Zero," and added, "I've been
hear nine years. I have not seen it."
Thomas advised the students,
"Don't try to apply the rules of the political world to this
institution. They do not apply," adding that he had never heard a
discussion of "partisan politics within this court.''
"The
last political act in which we [the Justices] engage, is confirmation,"
stated Thomas.
Later
in the program, Chief Justice Rehnquist was asked whether he felt the remark by
Justice Thomas was justified in light of the court's decision in Bush v. Gore
which decided the presidential election, a purely political function.
"Absolutely," he replied and repeated, "absolutely" and left
the room.
Four other justices wrote impassioned dissenting opinions in
the Bush v. Gore decision.
Justice John Paul Stevens wrote in his dissent, "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 Stephen Breyer wrote, "We risk a
self-inflicted wound -- a wound that may harm not just the court, but the
nation.''
Breyer and Stevens were joing by Justices Ruth Bader Ginsburg and David
Souter.
None of the dissenting justices appeared on the C-SPAN broadcast.
Legal
experts appearing on the show were divided on how its decision in Bush v. Gore
would affect the public's perception of the court's fairness.
"It is a decision
that history will see as further confirmation of the partisan political nature
of the Supreme Court," stated professor Michael Seidman of Georgetown
University.
A.E. Dick Howard of the University of Virginia disagreed, stating
"I think the court
will take a hit in the short term, but in the long term the court's reputation
will survive unscathed."
Here are some other great articles related to
this story:
