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The Day the Presidency Was Stolen from Al Gore and the American People: December 12, 2000, and the Supreme Court Coup

A BuzzFlash News Analysis

"About 10 p.m. EST on December 12, the United States Supreme Court handed down its ruling in favor of Bush by a 5–4 vote, effectively ending the legal review of the vote count with Bush in the lead. Seven of the nine justices cited differing vote-counting standards from county to county and the lack of a single judicial officer to oversee the recount, both of which, they ruled, violated the Equal Protection Clause of the United States Constitution."
  • The Fateful Moment in the Silent Coup That Stole a Presidency

From: Judith E. Schaeffer, Legal Director, People For the American Way

Re: Bush v. Gore, the Supreme Court and the 2008 Election Season

Seven years ago, the United States Supreme Court issued its 5-4 decision in Bush v. Gore. By stopping the contested vote count in Florida on December 12, 2000, the conservative wing of the Supreme Court effectively gave the presidency to George W. Bush and took the decision away from the voters.

Less than one year from now, the voters will decide the future of the Supreme Court. The next appointments to the Court will almost certainly be made by the President elected in November 2008, and confirmed by a Senate with new members elected in the same cycle. It’s crucial that voters understand that their votes will help determine the shape of the Court for many years to come, and the anniversary of Bush v. Gore is a timely opportunity to raise the issue for your readers.

Bush v. Gore demonstrated all too clearly that the Supreme Court has a profound and lasting effect on the daily lives of all Americans, who look to the Supreme Court as a fair arbiter of the law and our nation’s highest values.

Since that decision, President Bush’s lifetime appointments of Chief Justice Roberts and Justice Alito have pushed the Court even further to the right. The two men are likely to serve for many decades, ensuring that President Bush’s influence will extend long past the end of his term. Their nominations and confirmations to the Court illustrate the grave importance election results have on shaping the Court.

On issues ranging from reproductive choice to school integration to fair pay for equal work, the Roberts Court has started to reverse years of progress that most Americans accept as moderate, fair and wise. In the coming years, we can expect more and more rulings outside the mainstream.

It’s no coincidence that the Supreme Court has been a major electoral issue for the Religious Right for the last several election cycles. In order to roll back constitutional protections on privacy rights and church-state separation, the leaders of the movement have been whipping their followers into a fury for years, demanding that candidates pledge to appoint and confirm ultraconservative justices. The result has been a decades-long push by the far right to fill the federal courts with jurists who place a narrow ideological agenda above the rule of law and the Constitution.

The Republican candidates for President have been only too happy to oblige. John McCain, Mitt Romney, Rudy Giuliani, and Mike Huckabee have all pledged to appoint justices in the mold of ultraconservative justices Antonin Scalia and Clarence Thomas -- even when such an appointment would conflict with their own stated positions, such as Guiliani’s professed "pro-choice" stand.

Replacing another moderate justice with a hard-right conservative would be a devastating blow to the principles of fairness and equality that the vast majority of Americans embrace. Another right-wing justice added to the ultra-conservative voting bloc of Roberts, Alito, Scalia and Thomas could help reverse decades of precedents, threatening legal rights that Americans take for granted.

It’s time for progressives and moderates to make the same stand at the ballot box, and demand a Supreme Court that reflects mainstream American values: Equality, regardless of race or religion. Fair pay for women and minorities in the workplace. The rights of families to make private medical decisions without government interference. And much, much more.

Mainstream Americans must demand appointments of justices to the court who reflect their values, justices who will apply the law fairly, not ideologically. That will require a fair-minded president, and a Senate majority large enough to confirm progressive nominees.

People For the American Way will be working from now until Election Day to educate voters in key states about the importance of the courts, and how their votes for Senate and President could affect the Court and the nation for decades to come. To kick off our campaign, we’ll be placing a billboard in Manchester, New Hampshire from December 10th until primary day to highlight the Bush v. Gore anniversary and draw attention to the importance of the courts.

The anniversary of Bush v. Gore is a reminder that courts matter, something that voters should bear in mind throughout the coming election season. The outcome of the next election day may depend on it.

From People for the American Way

A BuzzFlash News Analysis

Get your Al Gore for President Bumper Sticker for $1.50. He may not be running in 2008, but the Nobel Laureate is still President Gore to BuzzFlash. That guy in the White House is just a squatter. Honor President Gore.


The Supreme Court is a joke by itself.

This ridiculous instrument of "lifetime" judges should go first. The Bush gang has now implanted the fate of the next generations by appointing their crooks.

US is definetely not a democracy, if a president is allowed to appoint the representatives of justice and is allowed to veto the legislature.

Sounds pretty much like former Sowjet Union or the assembly of the peoples republic of China. Funny that US authorities think these are were or are not democracies.

Freedom off press becomes a bitter term when 100% of the US press and media is owned by a few companies or tycoons like Rupert Murdoch.

So, don't worry about the past elections and who may have rigged them it is of no help, what is happening now and in the future is important.

The 12/12/2000 Coup

As to the origin of all that ails us today, you hit the
target perfectly!

We get nowhere, however, scapegoating the Court, or anybody else for that matter - as Pogo said "we have met the enemy and he is us!"

Gore never loved the Constitution enough to fight for his legitimate and inalienable rights under it! He, like every other dishonorable politician who has chosen to serve under an illegitimate administration since 12/12/2000, deserves no less than our vigorous and everlasting contempt as progressive Americans.

There is a way to STOP the Rush to Fascism that now bedevils us in America dead in its tracks. But it will take more than scapegoating and revanchist thinking!

What it will take is American Progressives consistently and in solidarity speaking and writing passionately from the heart in a moral, ethical and spiritual way that relentlessly minces no words and unerringly goes for the jugular at all times according to a new secular language of the sacred that our Founding Fathers would readily understand.

There is such a language! But, American Progressives are not any more interested than is the DNC.

Apparently, they all think being an American is all about being heartless, timid, superficial, amoral, unethical, devoid of any spirit whatsoever and probably completely oblivious of our founders altogether.

Long live Pogo!

RKF

Al Gore won the election by close to 4 million votes

truthisall.net

http://us.share.geocities.com/electionmodel/TruthIsAllFAQResponse.htm

In every election, millions of votes are never counted. They represent a significant component of the exit poll discrepancies. According to the 2000 Census, 110.8m votes were cast but only 105.4m recorded, leaving 5.4m uncounted. Most were from heavily democratic minority districts. Assuming that 75% were Gore votes, his true margin was close to 3 million, not the 540,000 recorded. But that doesn’t include likely vote-switching to Bush on DREs and optical scanners. And don’t forget the millions of disenfranchised Democrats who never even got to the voting booth. Gore’s 540,000 “official” vote margin is a long-running media myth.

The 2000 election wasn’t even close, although the media would like us to believe it was. Only the 5-4 Supreme Court decision was close. Consider the Florida fiasco. Bush “won” by 537 “official” votes before the Supreme Court aborted the recount - and 175,010 spoiled (under-punched and over-punched) ballots were never counted. Since approximately 75% were intended for Gore, he probably won Florida by more than 80,000 votes. The spoiled punched cards in Florida were just the tip of the national iceberg.

On Rampaging Elephants...

I thank Buzz for this reminder. As a recent and ardent Gore supporter -he's now made it clear he won't run 08 so I've no choice but to switch to Obama, who can easily work with Gore -I sincerely believed Al was made for this very moment in time. But maybe he'll do a better healing the world from without, unencumbered by this lecherous and unreliable Democratic Congress. You are absolutely right on point though to bring up the Supreme Court as the real needle in this government haystack. In Asia, scientist were puzzled over why elephants began rampant and deadly rampages. The elephants appeared almost crazed, deliberately attacking and killing other animals and people to destroying villages for no reason. The scientific community finally discovered that the elephants were all groups of young bulls moved away from their family herds, and put together into new all male herds. Alone and with with no dominant patriarch or matriarch to guide their behavior, they resorted to an inbred violence. President Bush and Chief Justice Roberts are two such bulls. With no obvious respect for matriarchs or patriarchs or history or precedent, these two can't get along with anyone and have divided everyone. You know things are terrible wrong when on the floor of the House of Representatives Texas Republican Ted Poe, an ex Judge himself, cried out for justice from this Supreme Court over the number of death penalty appeal cases left languishing in costly prisons for years and years. While in the netherworld world of the Court, Ken Starr and 'Bong Hits for Jesus' were more deserving of the Courts record low caseload, not to mention the Chamber of Commerce just reported that under Roberts rule, business has won more decisions than ever before in the Chambers' entire history. Nationalism is not terrorism. And an adversary is not an enemy.

A Pox Be on BOTH their Houses

Hate to be a party-pooper, but a LOT of Dems, including BOTH of Washington's "liberal" senators, voted for the two far right recently appointed appointees to the Roberts court.

Since the DNC has been co-opted from Howard Dean down, I say, "Let the whole da*med country implode." The two-party system is thoroughly corrupt, Kucinich or Edwards haven't got a prayer of being elected, Obama is not the liberal we hope him to be ("let's nuke Pakistan"), and Hillary is a closet Republican. We sometimes get what we deserve, and right now, American deserve someone like Huckabee.

When the moral, military and economic authority of America gets thoroughly trashed, maybe a phoenix will rise from the ashes. To make an omelette, however, you need to break some eggs, and sometimes an entire country.

The fix is in (Hillary or, at best, her surrogate Obama. I say, "Bring it on." We do not need to make the edicts of the Supreme Court seem archaic. The rest of the world will do that. Unless Gore runs, I will not be voting in 2008. My guess is that tens of millions of lefties like myself will do likewise.

Unitary executive

The article neglects to mention that there are currently four fascists on the supreme court -- Scalia, Thomas, Alito, and Roberts -- who believe in a "unitary executive," which means they would empower a president, particularly a Republican president, who unilaterally declares war to unilaterally do whatever the executive darn well pleases. In short, if a Republican president appoints one more fascist to the supreme court, that Republican president could assume dictatorial powers with the blessings of the supreme court, and we could say good bye to the social safety net, labor protections, social security, Medicare, freedom from government surveillance and arbitrary arrests, habeas corpus, and pretty much all of the Bill of Rights, with the possible exception of the second amendment (gun nuts could keep their Saturday night specials, but of course they would not be allowed arms that would actually enable them to challenge their fascist government forces).

As pathetic and disappointing as the Democrats are, American citizens should be aware of the alternative because they could quickly go from the frying pan into the fire.

Progressives are Incapable of Demanding Anything

Demand that Obama, Edwards, Clinton, Richardson, Dodd, Biden, or even Kucinich do anything?

Never. And why? Because we have to vote Democrat no matter what. We can't have a Republican in the White House. We've reached a level of thinking that's politically fundamentalist akin to that of the Evangelical Christians in America who support the core ideas spoken of in the Book of Revelation.

We don't know why we support Obama, Edwards, or Clinton. We say they speak well, look good, have passion, will "listen" to us, etc. Nobody knows what exactly they stand for and they aren't supposed to. If Americans really knew the true stances and histories of these candidates, the Democratic voters would not vote in the election. They'd just stay at home and be frustrated with the choices.

The people cannot demand the candidates promise anything with the Supreme Court no more than Bush can promise to stop believing he will be viewed as the messiah when the history of his presidency is written in text books for schools across America.

Irrelevant Progressives

Well said...I love your passion!

RKF (see my comment above)

It is not just the SCT

The Bush Judiciary is packed with political "true believers"- from the Administrative Law Judges to U.S. Magistrates to Bankruptcy Judges to District Court and Circuit Court Judges. Some of these people have terms of office - but the Article III Judges serve for life.

The scope of the damage done by the SCT appointments is like a mushroom - 95% of it is hidden - the entire structure of justice in our federal administrative system and courts - has been packed with zealots.

It is hard to understand how a single President accomplished so much harm in so little time.

"In the part of this universe that we know there is great injustice, and often the good suffer, and often the wicked prosper, and one hardly knows which of those is the more annoying."
- Bertrand Russell -

my thoughts

we have reached over the tipping point as grolaw points out in his letter.The court systems are packed for life with radicals who represent party not law or the constitution.Who you vote for president msy count one last time but it doesn"t look like Americans are intelligent enough to vote in Kucinich so we get another moderate either Clinton or Obama and they to show they get along with bothpartys don"t stand tough and we get another moderate or conservative anyway.This country is ignorant of their own history,they don"t remember the seat shops,child labor,whole families working for pennies while great wealth was created for the rich on this virtual slave labor.Presided over by conservative Republicans and conservative Democrats.It wasn"t until a man called FDR decided to curb this system that a true midddle class developed.Now people get their brains from a totally Republican created news media which parrots conservative talking points and brainwashes them every bit as much as provda did in communist russia.Who can we thank for the news media,conservatives who fought for news consolidation and dumb democrats who weren"t far sighted enough to see the havoic this would cause. so go ahead and elect another conservative or moderate Democrat and America you deserve what you are voting for.

Kucinich or Paul...

...there is no question about it. But will it happen?

December 12, 2000

May the Filthy Five rot in hell (well, one of them is). But before that, may they be tormented by hot burning boils on their butts, stones in their kidneys, and an odiferous, inexplicable itch.