This Sunday evening, be sure to catch Justice Scalia’s interview with Lesley Stahl on 60 Minutes.
In it, Justice Scalia reiterates a point I and others have made, that the core of Bush v. Gore, 531 U.S. 98 (2000)–the equal protection argument–was not even a close call for the Court, which decided 7-2 that the Florida Supreme Court‘s voting scheme violated the equal protection rights of Florida voters.
Justice Scalia also reminded Stahl that it wasn’t SCOTUS who magically intervened in the 2000 election, but it was instead Vice President Al Gore who put the issue before the courts by filing suit in the first place. As to granting certiorari, Justice Scalia echoed his earlier comments regarding the importance of the case (where he chided a questioner, “[d]o you really think we weren’t going to grant cert.?“):
Of further note, the primary purpose of Justice Scalia’s agreeing to sit for an interview was to promote his forthcoming book with Bryan Garner, entitled, Making Your Case: The Art of Persuading Judges. The book–due out next week–is an in-depth examination of the art of “argumentation, rhetoric, and judicial persuasion.”