A far more democratic and rational approach would have been for the Supreme Court to accept the O'Connor-Kennedy logic and simply extend the deadline for Florida to turn in its results. The court could have ordered the fullest and fairest possible recount with the winner being whichever candidate ended up with the most votes.
However, if that had occurred, the almost certain winner would have been Gore.
When a group of news organizations conducted an unofficial recount of Florida's disputed ballots in 2001, Gore came out narrowly on top regardless of what standards were applied to the famous chads dimpled, hanging or punched-through.
Gore's victory would have been assured by the so-called "over-votes" in which a voter both punched through a candidate's name and wrote it in. Under Florida law, such "over-votes" are legal and they broke heavily in Gore's favor. [See Consortiumnews.com's "So Bush Did Steal the White House" or our book, Neck Deep.]
In other words, the wrong candidate had been awarded the presidency. However, this startling fact became an unpleasant reality that the mainstream U.S. news media decided to obscure.
The tally wasn't completed until after the terrorist attacks on 9/11 and the prevailing view among senior news executives became that it would be harmful to the nation's need for unity if the press reported that Gore was the rightful winner of Election 2000.
So, the major newspapers and TV networks hid their own scoop when the results were published on Nov. 12, 2001. Instead of stating clearly that Florida's legally cast votes favored Gore, the mainstream media bent over backwards to concoct hypothetical situations in which Bush might still have won the presidency, such as if the recount were limited to only a few counties or if the legal "over-votes" were excluded.
The discovery of Gore's rightful victory was buried deep in the stories or relegated to charts that accompanied the articles.
Misleading the Readers
Any casual reader would have come away from reading the New York Times or the Washington Post with the conclusion that Bush really had won Florida and thus was the legitimate president after all.
The Post's headline read, "Florida Recounts Would Have Favored Bush." The Times ran the headline: "Study of Disputed Florida Ballots Finds Justices Did Not Cast the Deciding Vote."
Some columnists, such as the Post's media analyst Howard Kurtz, even launched preemptive strikes against anyone who would read the fine print and spot the hidden "lede" of Gore's victory. Kurtz labeled such people "conspiracy theorists." [Washington Post, Nov. 12, 2001]
After reading these slanted "Bush Won" stories, I wrote an article for Consortiumnews.com noting that the obvious "lede" should have been that the recount revealed that Gore had won. I suggested that the news judgments of senior editors might have been influenced by a desire to appear patriotic only two months after 9/11. [See Consortiumnews.com's "Gore's Victory."]
My article had been up for only a couple of hours when I received an irate phone call from New York Times media writer Felicity Barringer, who accused me of impugning the journalistic integrity of then-Times executive editor Howell Raines. I got the impression that Barringer had been on the look-out for some deviant story that didn't accept the pro-Bush conventional wisdom.
Today, the dominant conventional wisdom appears to be that while the Bush v. Gore decision was a case of politicized justice, it's not something that Americans should get too upset about. There is even a school of thought that asserts that it was encouraging that U.S. citizens did not take to the streets to protest this overturning of their democratic judgment.
In a Sept. 13, 2010, interview with NBC's Brian Williams, Justice Stephen Breyer, one of the dissenters in the Bush v. Gore ruling, said he still believed the majority was wrong, but added that he found the aftermath remarkable in a positive way.
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