So, what O’Connor contributed was a different theory of why the vote counting must stop than the one Rehnquist was pushing. The shared views of O’Connor and Kennedy eventually forced Rehnquist to abandon his effort to author the main opinion with a boundary-pushing view of federal election principles – views that would come up during Donald Trump’s attempt to overturn the 2020 presidential election. O’Connor’s views, expressed in a December 10, 2000, memo, were endorsed by fellow conservative-centrist Kennedy as he took the lead in writing the unsigned “per curiam” opinion issued late on the evening of December 12, the new documents show. What’s new here is the internal struggle among the Justices over the ruling. There’s a lot in the report rehashing the external political fight over the Florida recount but anyone reading this will be quite familiar with that. Her move may have guaranteed that she and Kennedy had the greatest influence on the final “per curiam” opinion that spoke for a five-justice majority. O’Connor was also known for trying to get out ahead of deliberations, and her four-page memo was circulated to colleagues even before oral arguments. The strong hand of O’Connor, who was at the ideological center of the court in this era, is not wholly surprising.
The documents opened at the Library of Congress help reveal how the now-retired O’Connor, the first woman on the high court and a justice steeped in politics from her early days in the Arizona legislature, partnered with Justice Anthony Kennedy, effectively squeezing out an argument advanced by then-Chief Justice William Rehnquist. They also demonstrate the tension among the nine justices being asked to decide a presidential election on short deadlines. 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. Bush would win the White House over Al Gore, Supreme Court documents released on Tuesday show. 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 win the 2000 election,” CNN’s Joan Biskupic sheds new light on one of the most controversial cases in Supreme Court history. Under the weird headline “ New documents show how Sandra Day O’Connor helped George W.
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