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Get Over It

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I’ll have more on the general subject of the 2000 election because of a new book this week, but since I happened to catch the replay of Leslie Stahl’s puffball interview with Antonin Scalia today, I thought I’d mention this argument:

Gee, I really don’t wanna get into – I mean this is – get over it. It’s so old by now. The principal issue in the case, whether the scheme that the Florida Supreme Court had put together violated the federal Constitution, that wasn’t even close. The vote was seven to two,” Scalia says.

Hmm. Roe v. Wade was a 7-2 opinion — and a real 7-2 opinion, not an opinion where two justices who were played for suckers articulated an actual equal protection argument and 5 justices (who got no other votes for any part of any of their opinions) invoked some sort of mysterious unspecified equal protection right that ended as soon as the justices’ candidate was safely ensconced in office — and indeed as Stevens pointed out its holding has now “been endorsed by all but 4 of the 17 Justices who have addressed the issue.” So I assume we can expect Scalia to just get over it and start joining opinions re-affirming Roe?

And while Stahl taking Scalia’s word that he is a consistent originalist at face value was inevitable, perhaps she could have asked Scalia for some of the sources he consulted to discover that the 14th Amendment was originally understood to require uniform recount standards?

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