A Rotten Anniversary

Today, I am sad to remind everyone, is the sixth anniversary of the grotesque and consequential Bush v. Gore decision, which was delivered in all its steaming feculence by five activist judges who substituted their own political fantasies for the rule of law and rendered a decision that flew in the face of tradition and popular will.

As regular readers are no doubt aware, Scott has written a lot about this decision, so on its anniversary it seems worth reminding ourselves of why it was such a hideous moment — only the first of many since — for the history of the US Constitution. Here are some posts from 2006 alone:

1. The Nino Who Said ‘Ni!’
2. Pretending that Bush v. Gore is Constitutional Law
3. What You Should Know about Bush v. Gore
4. How Did Bush v. Gore Matter?
5. But This Defense of Lawless Partisanship is Highly Nonpartisan

I’m sure there are plenty more, but if you’ve read these you’re probably on your way to being blind with rage or drink.

It’s odd, but I have almost no memory of that night, and not for any especially good reason. In a strange way, I probably owe the completion of my dissertation to the ascent of George W. Bush to the office of which he has proven himself so richly undeserving. In early November 2000, I had gone several months without writing a word and had even told several friends that I was going to quit and apply to law school. The morning after the “election,” I resolved to finish the project by spring 2001, because in all likelihood the Earth would be a smoldering lump of ash before too long. For some reason, I did not want to face the dark void of eternity without a Ph.D. in hand.

Regardless, on 12 December 2000 I was quite likely sequestered in my shabby Minneapolis hovel, trying desperately to ignore the bad news. Most days since then, my only consolation has been knowing that for the rest of my professional life, I will have the opportunity to remind students of what an unremitting shitstorm the Bush presidency has been — and which five individuals bear no small degree of responsibility for that. As Scott recently reminded us, the Supreme Court’s decision probably affirmed the inevitable; Bush was going to fall, ass-backward, into the job — as was his custom in life — no matter what Justices Rehnquist, Scalia, Thomas, Kennedy and O’Connor decided. But every December 12, we ought to remember the names of the dishonest hacks who buggered the Constitution on behalf of George W. Bush.