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2000 election
Voting for President Is Not an Exercise in Personal Expression
Whatever flaws you may see in Joe Biden, he is the only actual alternative to Trump’s reign.
Nov 26, 2023
Many Americans are unhappy about the likely 2024 choice being offered them for president—Joe Biden versus Donald Trump. But two third party alternatives surfaced recently: Jill Stein of the Green Party and West Virginia Senator Joe Manchin, who appears to be seeking the “No Labels Party” nomination.
They join two other non-major-party candidates, anti-vaxxer Robert F. Kennedy, Jr. and left-wing intellectual and activist Cornell West.
These candidates appear to offer voters a broad menu of political ideologies and beliefs from which to choose—from Kennedy’s contention that Americans are enslaved by vaccination record-keeping to Manchin’s claimed centrism to West’s plans for abolishing poverty and Stein’s condemnation of corporate-dominated politics.
Voting for Nader, the candidate who appeared to have stronger liberal credentials, proved to have far-reaching consequences—but the opposite of what most Green Party voters would likely have desired.
One thing that is not on the third-party menu is an opportunity to vote for someone who could actually become president. There isn’t a ghost of a chance Jill Stein, Joe Manchin, Robert F. Kennedy, or Cornell West will be elected.
Nonetheless, their campaigns could have a powerful impact: helping elect Donald Trump. The Green Party achieved an equivalent disaster before.
In 2000, the Green Party fielded a candidate, Ralph Nader, against Republican George W. Bush and Democrat Al Gore. In what turned out to be a remarkably close election, the result turned on Florida.
Nader received 97,488 votes in the state, votes that otherwise would have tilted strongly in favor of Gore: In his book, Crashing the Party, Nader acknowledges that 13% more of his voters would have gone for Gore than for Bush. These 12,700 votes would have given Gore an indisputable victory.
Instead, the vote was close enough for a right-wing Supreme Court to be in a position to halt the voting when Bush was only 537 votes ahead, bestowing Florida—and the presidency—on Bush.
How did voting for the Green Party work out?
Foreign Policy: The neocons around Bush had long targeted Iraq for overthrow. Following 9/11, they lied us into an invasion that led to 4,500 dead American soldiers, more than 165,000 dead Iraqi civilians, and a Middle East in the chaos that spawned ISIS.
Climate change: In Al Gore, we could have had a president in 2001 who really understood the climate threat. Instead, we had the pro-oil Bush presidency, initiating nearly two decades of political stagnation on the emerging climate crisis.
Democracy and Constitutional Rights: Bush got to appoint two right-wing Supreme Court justices, who joined three other Republican Justices to give us the 5-4 decision in the money-rules-all Citizens United case. The two Bush justices were also part of 5-4 majorities in cases that (1). invented a personal constitutional right to own firearms, and (2). eviscerated the Voting Rights Act, precipitating an avalanche of laws disenfranchising large numbers of minority, elderly, and youth voters.
Voting for Nader, the candidate who appeared to have stronger liberal credentials, proved to have far-reaching consequences—but the opposite of what most Green Party voters would likely have desired.
Third party candidates regularly tell us we’re entitled to express our own views in voting. But voting for president is not an exercise in personal expression and it is not like seeking your true love or dream candidate. Voting is what you do to effect the best outcome for your country among the real possibilities.
The GOP has ceased to be a normal party that respects majority rule and the rule of law, and Donald Trump has made clear his intentions of dismantling our democracy. Whatever flaws you may see in Joe Biden, he is the only actual alternative to Trump’s reign.
It’s as simple as this: If you vote for supposed “progressives” Jill Stein or Cornell West, you’re reducing the votes needed to stop Trump.
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Memo Reveals How Sandra Day O'Connor Helped Get George W. Bush to the White House
The right-wing justice sought to influence the opinions of others on the high court even before they heard arguments in Bush v. Gore.
May 03, 2023
Former U.S. Supreme Court Justice Sandra Day O'Connor played a greater role than previously known in handing the highly contentious 2000 presidential election to George W. Bush, a document released Tuesday by the Library of Congress revealed.
It has long been known that O'Connor—who was appointed by former President Ronald Reagan and was the first woman to serve on the Supreme Court—wanted Bush to win the 2000 election, at least in part because of her right-wing views; her admiration for his father, former President George H. W. Bush; and because she wanted to retire after a Republican president nominated her replacement.
However, the newly released documents—part of a trove of former Justice John Paul Stevens' papers—include a four-page memo O'Connor sent to her colleagueson December 10, 2000, even before they heard arguments in Bush v. Gore. Her memo laid the groundwork for the controversial 5-4 ruling that stopped Florida's court-ordered recount in a too-close-to-call contest between Bush and then-Vice President Al Gore and gave the presidency to the Republican Texas governor.
In her memo, O'Connor attacked the unanimous November 21, 2000 Florida Supreme Court decision that the results of manual ballot recounts in Miami-Dade, Broward, and Palm Beach counties must be included in the final state tally, while giving the three counties five days to certify their results.
"Before there was 2020 there was 2000."
During that period, Bush's legal team appealed to the U.S. Supreme Court while self-described "dirty trickster" Matt Schlapp and future seven-count felon Roger Stone led an effort to fly hundreds of paid operatives to Florida to harass and intimidate Miami-Dade officials—the so-called "Brooks Brothers Riot"—in a bid to thwart their court-ordered work.
"I am concerned that the Florida Supreme Court transgressed the lines of authority drawn by Article II of the federal Constitution in substantially changing the state Legislature's statutory scheme for the appointment of presidential electors," O'Connor wrote.
"The Florida Supreme Court provided no uniform, statewide method for identifying and separating the undervotes," she noted, a reference to instances when voting machines could not read ballots.
\u201cBefore there was 2020 there was 2000 ....\n\nhttps://t.co/8gHDBXXdgK\u201d— Jocelyn Benson (@Jocelyn Benson) 1683072858
"Accordingly, there was no guarantee that those ballots deemed undervotes had not been previously tabulated," O'Connor asserted. "More importantly, the court failed to provide any standard more specific than the 'intent of the voter' standard to govern this statewide undervote recount. Therefore, each individual county was left to devise its own standards."
O'Connor noted that the Florida Legislature "has created a detailed, if not perfectly crafted statutory scheme that provides for the appointment of presidential electors by direct election," and that "the Legislature has designated the secretary of state as the 'chief election officer.'"
Florida's secretary of state at the time, Katherine Harris, was not only a Republican, she also co-chaired Bush's campaign in the state. On November 26, 2000 Harris declared Bush the winner in Florida by 537 votes, even though there were counties still tallying ballots.
Ignoring this obvious conflict of interest, O'Connor said the Florida Supreme Court "disregarded the secretary of state's delegated duty to exercise her discretion to determine whether to accept the state's late returns" and whether a manual recount requested by Gore was warranted.
Gore had asked for recounts in four heavily Democratic counties amid drama over dimpled, pregnant, and hanging chads; butterfly and caterpillar ballots; write-in votes; overcounts; undercounts; and a bewildering barrage of strange new terms. Some political commentators have argued that Gore's failure to request a statewide manual recount may have been a fatal miscalculation.
\u201cA reminder that the Republicans successfully stole a presidential election 23 years ago...and their hackish Justices on the Supreme Court played a key role in their doing so. https://t.co/2qkSr2svmt\u201d— @Ben_Alpers@mastodon.online \ud83d\uddfd (@@Ben_Alpers@mastodon.online \ud83d\uddfd) 1683070110
The day after O'Connor circulated her memo, Justice Anthony Kennedy, another Reagan appointee and frequent swing vote, wrote to right-wing Chief Justice William Rehnquist endorsing her "very sound approach."
Rehnquist—who was appointed by Republican former President Richard Nixon—was a proponent of what is now called the independent state legislature theory (ISLT), the fringe right-wing notion that state lawmakers alone can regulate federal elections. Hard-right Justices Antonin Scalia and Clarence Thomas, two of the five votes for Bush, also embraced the dubious theory.
Prominent purveyors of former President Donald Trump's "Big Lie" that the 2020 presidential election was "stolen" have cited ISLT when pushing state lawmakers to help overturn President Joe Biden's Electoral College victory. Thomas' wife Ginni Thomas—who in 2000 solicited resumes for positions in the presumptive Bush administration before her husband cast his decisive vote in Bush v. Gore—unsuccessfully pressed Arizona state lawmakers to invoke ISLT in service of Trump's ill-fated effort to reverse his 2020 loss.
Notably, Bush's legal team in Bush v. Gore included current right-wing U.S. Supreme Court Justices John Roberts, Brett Kavanaugh, and Amy Coney Barrett. Moore v. Harper, a North Carolina voting rights case currently before the court, could decide the legal validity of ISLT.
\u201cOne member of George W. Bush's legal team was especially enthusiastic about the "independent state legislature" theory: Brett Kavanaugh. \n\nHere he is endorsing it in 2000. \n\nNow Kavanaugh gets a chance to write it into law. Talk about a long game. https://t.co/VlnfRdeCy6\u201d— Mark Joseph Stern (@Mark Joseph Stern) 1670424929
On December 12, 2000 the justices ruled in a 7-2 per curiam opinion that Florida's court-ordered recount must be stopped on equal protection grounds, and 5-4 that there was no other way to recount all of the contested votes in a timely manner. Rehnquist, Kennedy, O'Connor, Scalia, and Thomas voted in favor of Bush, while Justices Ruth Bader Ginsburg, Stephen Breyer, David Souter, and Stevens dissented.
In his stirring dissent, Stevens presciently noted that "although we may never know with complete certainty the identity of the winner of this year's presidential election, the identity of the loser is perfectly clear. It is the nation's confidence in the judges as an impartial guardian of the rule of law."
Four out of the five justices who sided with Bush were accused of conflicts of interest: Rehnquist and O'Connor were septuagenarians who had stated their desire to retire during a Republican presidency—the latter reportedly exclaimed "this is terrible" in response to a TV news report showing Gore leading on election night; Thomas' wife was headhunting personnel for a potential Bush administration; and two of Scalia's sons worked for law firms representing Bush. None of the four justices recused themselves from Bush v. Gore. Bush later nominated Eugene Scalia for U.S. labor solicitor.
\u201cWhen I was a kid I really really looked up to the Supreme Court justices. We all learned how they get lifetime appointments to make sure they can\u2019t be influenced etc\u2026with Thomas, Alito, O\u2019Connor, Kavanaugh, and all\u2026I definitely don\u2019t feel the same way.\n\nhttps://t.co/6YZYqMFvAM\u201d— Yuh-Line Niou (@Yuh-Line Niou) 1683092690
O'Connor—who is now 93 years old—would come to have regrets, which she expressed years after her 2006 retirement. In 2013, she told the Chicago Tribune editorial board that Bush v. Gore "stirred up the public" and "gave the court a less-than-perfect reputation."
"It took the case and decided it at a time when it was still a big election issue," she said. "Maybe the court should have said, 'We're not going to take it, goodbye.'"
There were other reasons why some commentators refer to the 2000 presidential election as "stolen." Chiefly, massive voter disenfranchisement resulting from racist policies of Republican Florida Gov. Jeb Bush—the GOP candidate's brother—played what one federal civil rights official called an "outcome-determinative" role in the state's, and therefore the nation's, results.
Scalia infamously dismissed his friend Bader Ginsburg's concerns over Black disenfranchisement as the "Al Sharpton Footnote," and habitually advised Americans disturbed by Bush v. Gore to "get over it."
\u201cThe article included extensive evidence that Ginsburg was right to be concerned. When Scalia died 2 years later, his obnoxious & dismissive Sharpton remark - which said a great deal about who he was - didn\u2019t make it into the many think pieces about his tenure on the Court.\u201d— Sherrilyn Ifill (@Sherrilyn Ifill) 1683083845
However, it was ultimately the Supreme Court's cessation of the unfinished Florida recounts, and Gore's subsequent meek acquiescence "for the sake of our unity as a people and the strength of our democracy," that handed victory to Bush.
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