BFH
According to a new book by Jeffrey Toobin, Justice David Souter wept and considered resigning after he was on the losing side of Bush v. Gore. Rather than comment on this melodramatic scene, let me show you one of my favorite David Letterman top ten lists.
Top 10 Ways Souter Celebrated His Confirmation - October 3, 1990
10. Smiled for a few seconds, then back to serious thoughts.
9. Bought Sandra Day O'Connor robe from Victoria's Secret.
8. Marched into judicial supply store and announced, "The gavels are on me!"
7. Cruised by Bork and Ginzberg's places with Aerosmith blasting.
6. Kicked Mom out of house. Had girl over.
5. Made paper hat out of U.S. Constitution, filled it with beer, put it on.
4. Paid his college dope-smoking buddies rest of hush money.
3. Ate his usual cottage cheese lunch off the chest of a $1,000-a-night hooker.
2. Made prank call to guy who won the McMillions contest.
1. Gave a big wet kiss to Thurgood Marshall.
posted by LAGuy @ 1:08 AM
5 Comments:
That Supreme Court is just crucible of emotion and intrigue- better than "Dallas" in its heyday- Hey what about the recently-disclosed C.J. John "Dizzy" Roberts' suggestion of Harriet Miers for the Associate Justice position? guess he found his calling as a Judge rather than political advisor.
That story doesn't pass the smell test. What's Harriet to him? Or he to Harriet?
Maybe it was John Sununu's idea.
Am I right that Souter joined the 7/2 majority on the first issue, whether the Florida S.Ct had erred in ordering the recount the way it did? It was only on the second issue, the 5/4 decision finding that there was not enough time to allow another recount scheme to go forward, that he sided with the dissenters. Doesn't seem likely he would cry over this.
Still, what was John Sununu thinking!
LAGuy is correct; it most certainly does not pass the smell test. Here's the best analysis I've seen of the provenance and falsity of this rumor.
DenverGuy, you are correct. The holding that the Florida Supreme Court's interpretation of Florida election law violated the Equal Protection Clause (Bush II) was the one where Souter dissented. If he cried I could understand, as I consider it to be the nadir of the Court's jurisprudence since Korematsu in 1944.
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