I was reading an article that Real Clear Politics had linked to from the New York Times. The article, which can be found here, was written by Maureen Dowd and asserts that the Supreme Court, “is run by hacks dressed up in black robes.” Her argument stems from three Supreme Court cases made since 2000; I will discuss just two. The first is the ObamaCare case heard last week by the High Court and attacks Associate Justice Scalia for acting more like a legislator than a judge. I guess it is ok for the President to say the Supreme Court has no authority to strike down Federal law but not ok for a Justice to attempt to understand what Congress was trying to do. She makes light of the fact that many of the Conservative Justices likened the ACA with requiring Americans to buy broccoli. But as she doesn’t mention, the Liberal Justices likened the ACA with requiring all Americans to buy cars with a certain device for controlling emissions. The former example is more like the individual mandate because if Congress can require you to buy health insurance, what else can they make you do in the name of healthcare?
The second case, the one that bothered me the most in her attempts to showcase her ignorance, was Bush v. Gore (2000). This case was what cleared the way for then Governor George Bush to become the President of the United States. She argues, “the Republican majority put aside its professed disdain of judicial activism and helped to purloin the election for W.” But apparently Ms. Dowd has never read the Supreme Court’s decision in that case. First of all, the Supreme Court called their decision a per curium decision, which indicates that it is nonbinding on jurisprudence or stare decisis. Secondly, the opinion states that if the recount had gone on it would have violated the Voting Rights Act as well as Article II, section 1, clause 4 of the United States Constitution. The Voting Rights Act assures all Americans of the right to vote and declares that every American of voting age is guaranteed of one person one vote. As is pointed out in the opinion, the various districts in Florida had separate procedures for how to go about recounting; particularly this was true of what constituted a vote. As a result, certain votes would have been counted in one district but not counted in another. This gross violation of the Voting Rights Act could only be remedied through an act of the Florida State Legisture, which leads to the second problem. Had Florida been permitted to do its recount under a new created procedure, it would have taken it past the date Congress has appointed as the date when the Electoral College meets to cast their ballots. Article II, Section 1, clause 4 gives Congress the authority to appoint a date when the Electoral College shall cast their ballots, Congress has selected the First Monday after the Second Wednesday of December. That is the reason why they were not permitted to continue their recount, the Court never mentioned who would become President.
In every instance Ms. Dowd not only ignores what the Supreme Court said and did but demonstrates she probably never actually read the transcript or the opinion.

