-Caveat Lector-
Sunday December 17 2:12 PM ET
Justice O'Connor Upset When Seemed Gore Won -Report
NEW YORK (Reuters) - Supreme Court Justice Sandra Day O'Connor
(news - web sites) was upset during an election-night party when she heard
Florida was first called for Vice President Al Gore (news - web sites),
exclaiming, ''this is terrible,'' according to a report in Newsweek magazine
released on Sunday.
The report said O'Connor made the comment at about 8 p.m. on Nov. 7,
and declared that meant the election was ``over'' because Gore had also
won two other key states.
Quoting two eyewitnesses to her comments, Newsweek said that O'Connor
then walked off to get a plate of food, and her husband, John, explained to
friends and acquaintances that she was upset because they wanted to
retire to Arizona and a Gore presidency meant they would have to wait
another four years because she did not want a Democrat to name her
successor.
Not long after Florida was called for Gore, news organizations retracted the
call and said Florida was too close to be awarded to either candidate. The
state was then called for Bush, but again that call was retracted and the
race remained in limbo for five weeks.
O'Connor, 70, had been Republican majority leader of the Arizona State
Senate before being appointed to the U.S. Supreme Court (news - web
sites) by President Ronald Reagan in 1981.
The magazine said in its edition due out on Monday her remarks would
likely fuel criticism that high court justices ''sought to influence'' election
returns in their ruling in George W. Bush (news - web sites) v. Albert Gore
Jr. that ended the impasse over the presidential election.
Bush, the Republican governor of Texas, won the White House when Gore,
who had sought a hand recount of thousands of contested ballots in
Florida, conceded defeat on Wednesday, one day after a 5-4 Supreme
Court ruling that prevented any new recounts from going forward.
Newsweek, seeking a response from Justice O'Connor to the accounts of
her election-night comment, said that a high court spokesman said she had
no comment.
In its story, Newsweek noted that Justice O'Connor had no way of knowing
when she let her guard down that the networks' early call that Gore won
Florida's key 25 electoral votes was premature and that five weeks later
she would play a direct and decisive role in the election of his Republican
rival.
The magazine added that O'Connor could not possibly have foreseen that
she would be one of two swing votes in the court's 5-4 decision.
The Newsweek report came a day after the magazine released a poll that
said Americans remained deeply divided over the Supreme Court's ruling
that gave the presidency to Bush, and nearly two out of three thought
politics played a role in the decision.
While 51 percent said the court's decision that hand counts of contested
ballots in Florida could not resume was fair, 44 percent considered it unfair,
Newsweek said.
Sixty-five percent of those surveyed believed politics or partisanship played
a role in the U.S. Supreme Court justices' decision, according to the poll.
A larger proportion -- 81 percent -- saw politics playing a role in the
decisions of Florida state courts, which in some cases ruled in favor of
Gore during the legal battle to determine the 43rd U.S. president.
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