by Emmet Pierce
Guest Commentator

In the rush to honor national leaders following their deaths, people often overlook their mistakes.

News reports of the recent death of retired Supreme Court Justice Sandra Day O’Connor focused on her status as the first woman to join the high court. She was described as a pioneer who shattered the high court’s glass ceiling and opened the door for the appointment of additional female justices. But many of these reports gave too little attention to the role she played in the 2000 presidential election.

In Florida the election was so close that state officials launched a recount. Conservative Republican George W. Bush had a slim lead over Democrat Al Gore when the recount began, and his lawyers took legal action to stop the
new tally. Gore’s legal team also weighed in.

More than a month would pass before the results of the election were determined. O’Connor supported a 5-to-4 decision by the Supreme Court that stopped the lengthy recount process. A full reexamination of Florida’s votes could have gone either way, but the court’s action handed the election to Bush. It also left many people wondering if Gore had been cheated out of his victory. Gore won the popular vote nationally, but his loss in Florida gave Bush a majority of votes in the nation’s Electoral College and put Bush in the White House.

Regardless of how the court’s action affected the election, the decision seriously undermined its reputation for dispensing justice fairly. In the eyes of many Americans, a conservative-leaning court majority had intervened improperly.

According to a July 2023 report by the Pew Research Center, fewer than half of Americans express a favorable opinion of the Supreme Court. Dissenting Justice John Paul Stevens had warned that the nation would lose confidence in judges to act impartially following the Florida decision. Sadly, many people have come to view the high court a political tool. O’Connor was keenly aware of public perception. In 2013 she told the Chicago Tribune editorial board that rather than resolve the dispute over the presidential election, the high court likely added to the problem. The intervention also gave it “a less than perfect reputation,” she said.

Recent questions about ethical standards for Supreme Court justices and the reversal of the right of women to seek abortions have added to public dissatisfaction with the court.

O’Connor, who retired in 2006, was an admirable person. She cast the deciding vote in numerous cases, and many came to see her as a moderating voice on a court that leaned toward the political right. At her Dec. 19 funeral, President Joe Biden said she had empowered generationsof women.

It took courage for O’Connor to express regret over the court’s intervention in the presidential election. But her role in the decision to stop the Florida recount remains an important part of her legacy. It should not be forgotten.

Emmet Pierce is an award-winning journalist based in San Diego, California.

Photo: Wikimedia Commons