Conflicts of interest in Bush v. Gore: Did some justices vote illegally?

240. See Douglas, Final Report, supra note 33. See also 3 DESCHLER'S PRECEDENTS OF THE HOUSE OF REPRESENTATIVES, ch. 14, [sec] 14.14-16; SIMON, INDEPENDENT JOURNEY, supra note 29, at 409.

241. See ATKINSON, supra note 222, at 148; See also SIMON, INDEPENDENT JOURNEY, supra note 29, at 446-51.

242. See ATKINSON, supra note 222, at 154-58.

243. Hunt was nominated by Ulysses S. Grant. Grant and Hayes were both Republicans. See GEOFFREY PERRET, ULYSSES S. GRANT: SOLDIER AND PRESIDENT 368, 376 (1977). McReynolds was nominated by Woodrow Wilson. Wilson and Franklin D. Roosevelt were both Democrats, and Roosevelt served as Wilson's Assistant Secretary of the Navy. See LEON H. CANFIELD, THE PRESIDENCY OF WOODROW WILSON: PRELUDE TO A WORLD IN CRISIS 17 (1966); see also GEOFEREY C. WARD, A FIRST-CLASS TEMPERAMENT: THE EMERGENCE OF FRANKLIN ROOSEVELT 92 (1989). Warren was nominated by Dwight D. Eisenhower. Eisenhower and Nixon were both Republicans, and Warren had been the Republican governor of California and the Republican candidate for vice president in the 1948 presidential election. Warren and Nixon had in fact run together on the Republican ticket (and won) in California in the 1946 and 1950 elections. Warren was elected governor in both elections. Nixon was elected to the House of Representatives in 1946 and to the Senate in 1950. See SMALL, supra note 29, at 8-11.

244. 410 U.S. 113 (1973).

245. "The court apparently values the convenience of the pregnant woman more than the continued existence and development of the life or potential life that she carries." Id. at 222.

246. 478 U.S. 186 (1986).

247. Id. at 194.

248. Miller v. California, 413 U.S. 15 (1973); Paris Adult Theatre I v. Slayton, 413 U.S. 49 (1973); Mishkin v. New York, 383 U.S. 502 (1966); Ginzburg v. United States, 383 U.S. 463 (1965). In Ginzburg, he wrote, "Censorship reflects a society's lack of confidence in itself. It is a hallmark of an authoritarian regime." 383 U.S. at 498 (Stewart, J., dissenting).

249. See ATKINSON, supra note 222, at 150, 160.

250. See note 238, supra.

251. DENNIS J. HUTCHINSON, THE MAN WHO WAS ONCE WHIZZER WHITE: A PORTRAIT OF JUSTICE BYRON R. WHITE 436 (1998).

252. Jeffrey H. Birnbaum, Is Justice Antonin Scalia Frustrated Enough to Retire in 2001?, FORTUNE, Nov. 22, 1999, at 80. By letter dated July 8, 2002, I invited Justice Scalia to comment on this quotation and on the ones appearing in the text at notes 253, 258, and 301, infra, but he would not do so.

253. Kim Eisler, Supreme Court's High Honor But Low Pay Could Send Justice Scalia Job Hunting, WASHINGTONIAN, Mar. 2000, at 11. Some of Justice Scalia's dissents have included unusually personal comments that can be interpreted to reflect frustration with colleagues. See, e.g., Webster v. Reprod. Health Serv., 492 U.S. 490, 532, 537 (1989) (Scalia, J., concurring) (arguing that Justice O'Connor's position in the same case is "irrational" and "cannot be taken seriously.").

254. Persona Agendas Loom Large behind the Big Bench, supra note 215, at 7; Jim Dwyer, Justice Scalia's Legal Vision Is Blinded by His Ambition, N.Y. DAILY NEWS, Dec. 11, 2000, at 4; Leah Garchik, Scalia Contemplates Changing Jobs, S.F. CHRON., Mar. 1,2000, at C10; Robert Novak, Scalia Hints He'll Quit If Gore Wins. CHI. SUN-TIMES, Apr. 2, 2000, at 32; Mike O'Neill, Quips, Quotes, Quibbles & Bits, TAMPA TRIB., Mar. 3, 2000, at Baylife-5 ("Scalia is waiting for the outcome of the presidential election to decide on his future"); Sarah Threadgill, Who's Who, WASH.MONTHLY, May 1, 2000, at 14.