Justice Breyer speaks

AP

In a wide-ranging interview with NBC's Brian Williams that will appear this evening on "Nightly News," Supreme Court Justice Stephen Breyer discussed the controversial Bush v. Gore decision, as well as whether there should be TV cameras inside the court.

On Bush v. Gore:

Williams: Do you think Bush v. Gore hurt the credibility of the modern court?

Breyer: Yes.

Williams: Irreparably?

Breyer: No.

Williams: For how long?

Breyer: I don't know. That's up to historians. I thought that the-- the decision, I was in dissent. I-- I obviously thought the majority was wrong. But I've heard Harry Reid, who is the-- he's the chief of the Democratic forces, the Democrats in the Congress-- he-- he said-- I heard him say this, and I agree with it completely. He said, "The most remarkable thing about that case, Bush vs. Gore, is something hardly anyone remarks." And that remarkable thing, is even though more than half the public strongly disagreed with it, thought it was really wrong it, they followed it.

On whether TV cameras should be in the U.S. Supreme Court:

Williams: In this, the era of transparency, would it be a little better for our understanding of the court if we could see more of your work?

Breyer: In other words, should we have television in the courtroom? This is a very good question. And-- the answer to me is not obvious. We haven't voted on it. I haven't had to take a position. The reasons for doing it are obvious. I mean, television is part of the press. And I think wouldn't it have been a wonderful thing if television could've been in the courtroom and seen the oral argument, for example, in the case of term limits, and many of these cases. You would've seen nine people struggling towards an answer in a very, very difficult kind of question.

But the end-- the arguments the other way are less obvious, but they're no less valid. If we brought Con-- television in, you think we'd be in every courtroom in the country, including criminal cases. If we brought-- you know, people see their neighbors, or they're worried about being seen by their neighbors, where the witnesses suddenly realize the whole community's watching them testify, I-- I don't know. Problem.

Discuss this post

I agree with Justice Breyer. The court's decision in Bush v Gore was harmful; the popular vote showed Gore the winner. Bush should have allowed the Florida recount to continue regardless; we will never know if Bush won Florida or not--that question will always been there for historians.

  • 2 votes
Reply#1 - Mon Sep 13, 2010 5:14 PM EDT

Sorry that the democrats gambled and lost - should've recounted the whole state of Florida as opposed to focusing on democrat districts. The political dice didn't roll as they'd hoped and that began this great decade of blaming everybody but themselves for everything - GW Bush, the Supreme Court, etc. It's always somebody else's fault because it surely can't be their own.

  • 3 votes
#1.1 - Mon Sep 13, 2010 8:00 PM EDT
Reply

And I, on the other side of the political spectrum, disagree. And I agree all votes in Florida should have been counted, including the military absentee ballots that Gore didn't want counted.

There was a lot of garbage on both sides. OMG, the hanging chads still live!

Maybe Breyer is just upset because his side lost. If Gore would have won I'll bet he wouldn't have had a peep.

  • 3 votes
Reply#2 - Mon Sep 13, 2010 5:19 PM EDT

What's the downside for letting a fair recount continue? .... Well ....Bush could have lost...not a good result if the Supreme Court can determine the outcome in Bush's favor, the fix is in, just the way they like it!

Sour grapes?...You betcha!!!

Is life fair?...No, this is a perfect example of how it's not!

  • 1 vote
Reply#3 - Mon Sep 13, 2010 5:49 PM EDT

I believe Citizens United v. Federal Election Commission will hurt the court more. It will actually destroy our political system the way we know it.

    Reply#4 - Mon Sep 13, 2010 6:46 PM EDT

    On Bush v. Gore:

    Williams: Do you think Bush v. Gore hurt the credibility of the modern court?

    Breyer: Yes.

    It only hurt the court with Liberals who think you can change the rules in the middle of the road. Even though several news papers did an independent recount that concluded that Bush would have won they still push the myth that Gore won. The recount Gore wanted was only in counties he thought he had a better chance of winning....not a total recount.

    • 2 votes
    Reply#5 - Mon Sep 13, 2010 8:08 PM EDT

    We can not let recounts go on forever. Popular vote has nothing to do with it. Electorial college has everything to do with it. If you do not understand that go back to the fifth grade.

    Liberals and the media held this against Bush the whole eight years. It is over he is gone get over it.

    • 3 votes
    Reply#6 - Mon Sep 13, 2010 8:44 PM EDT
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