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Yep. Bush v. Gore should be tattooed on her legacy. (And, while I know I'm dreaming here, maybe even brought up the next time people talk about what a principled and consistent jurist Antonin Scalia is...)

O'Connor only looks good by comparison to the Beast who will undoubtedly follow her. I think people may be responding, consciously or unconsciously, to their fear of what will come next.

Scott:
I've been all over Scalia for years. He not only isn't either 'principled and consistent', he isn't even very bright. This supposedly 'brilliant' jurist writes opinions that are just plain dumb--internally inconsistent, illogical, untied to legal precedent, and often faith-based (his interpretations are correct because he says so).

Tony is a monument to the adage: 'If you can't dazzle em with brilliance, baffle em with bullshit.' His reputation rests on decisions so full of pretzel logic, unwarranted assumptions, and high-flying rationalizations that they're virtually impossible to understand legally--they can mean anything he says they mean. Look at his winding, twisted argument for not recusing himself from the Cheney case. It's a masterpiece of blind self-justification and cavalier ignorance of actual law. He only gets away with it because nobody knows what the hell he's talking about.

His reputation rests on decisions so full of pretzel logic, unwarranted assumptions, and high-flying rationalizations that they're virtually impossible to understand legally

Hey! I could be a Supreme Court Justice!

As for Bush v. Gore, it's accepted now that anyone who brings that case up in any context at all is just a sore loser, who won't accept reality. In thirty years or so it will be fair game and found in textbooks under: What were they thinking?

Mick--yeah, I agree. I posted a while back about Mark Tushnet's new book on the Rehnquist Court; he makes a similar argument. As Tushnet notes, any federalist society hack Reagan put on the court would have done what Scalia did (the much-maligned Thomas, while even more reactionary if anything, is actually more unique and more principled.)

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