Newly released Supreme Court documents show how Justice Sandra Day O'Connor helped George W. Bush win the 2000 election.
Justice Sandra Day O’Connor provided the early framework that steered the outcome in the dispute over the 2000 presidential election and ensured George W. Bush would win the White House over Al Gore, Supreme Court documents released on Tuesday show. Memos found in the newly opened files of the late Justice John Paul Stevens offer a first-ever view of the behind-the-scenes negotiations on Bush v. Gore at the court.
The Rehnquist view, backed only by Scalia and Thomas, would have given new power to state legislatures to control presidential election battles. Under this “independent state legislature” theory – which was revived by Trump supporters in 2020 and is at the heart of a pending North Carolina dispute – state courts lack the authority to find that a state legislature’s electoral practices violate the state’s constitution.
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