Q:  That's completely bizarre! Were there any apparent conflicts of interest?

A:  Scalia's two sons are both lawyers at law firms working for Bush. Thomas's wife is collecting applications for people who want to work in the Bush administration.

Q:  Why didn't they remove themselves from the case?

A:  If either had recused himself, the vote would have been 4-4, the Florida Supreme Court decision allowing recounts would have been affirmed, and Scalia feared Gore would have won the election.

Q:  I can't believe the justices acted in such a blatantly political way.

A:  Read the opinions for yourself: 
http://www.supremecourtus.gov/opinions/00pdf/00-949.pdf        
(December 9 - stay stopping the recount)

http://frwebgate.access.gpo.gov/supremecourt/00-949_dec12.fdf 
(December 12 - opinion)

Q:  So what are the consequences of this?

A:  The guy who got the most votes in the US, in Florida, and under our Constitution (Al Gore) will lose to America's second choice (George W. Bush) who won the all- important 5-4 Supreme Court vote, which trumps America's choice.

Q:  I thought in a democracy, the guy with the most votes wins.  At least in the Electoral College, shouldn't the guy with the most votes in Florida win?

A:  That's true, but in this election it seems that the guy with the most US Supreme Court votes wins. 

Q:  So what will happen to the Supreme Court when Bush becomes President?

A:  He will appoint more pro-Republican justices.

Q:  Is there any way to stop this?

A:  YES.  No federal judge can be confirmed without a vote in the Senate.  It takes 60 votes to break a filibuster.  If only 41 of the 50 Democratic Senators stand up to Bush and his Supreme Court and say that they will not approve a single judge appointed by him until a President can be democratically elected in 2004, the judicial reign of terror will end….and one day we can hope to return to the rule of law and the will of the People.

Q:  What can I do to help?

A:  Email this article to everyone you know, and write or call your Senator, reminding him or her that Gore beat Bush by several hundred thousand votes (three to five times Kennedy's margin over Nixon) and that you believe that VOTERS, not JUDGES should determine who wins an election.  And to protect our judiciary from overturning the will of the people, you ask your Senators to confirm NO NEW FEDERAL JUDGES APPOINTED BY A NON-DEMOCRATICALLY ELECTED PRESIDENT until 2004 when a president is finally chosen by the American people in a new election.

Mark H. Levine
Attorney at Law
MarkLevineEsq@aol.com

Next page > Final Notes - Take Action > Page 1, 2, 3, 4, 5, 6