A Draft Resolution of Congressional Censure
Kennedy, O'Connor, Rehnquist, Scalia,
for Their Betrayal of the American
Letter of Introduction
I. Applicable Laws and Principles
II. The Legal Controversy in Florida
III. The U.S. Supreme Court's Intervention
IV. The U.S. Supreme Court's Decision
V. The Anomalous Nature of the Per Curiam Rulings
VI. The Tragic Impact of the Supreme Court's Rulings
VII. The Voice of Memory
Therefore it is resolved that . . .
PDF Version of Resolution
The Counts of Censure
(1) Willful Nullification of the Rule of Law
(Anthony M. Kennedy, Sandra Day O'Connor, William H. Rehnquist, Antonin Scalia, Clarence Thomas)In failing to remand Bush v. Gore to the Supreme Court of Florida for a new recount consonant with the U.S. Supreme Court majority's enunciated Equal Protection ruling, these five justices willfully nullified the rule of law for a partisan political purpose, forcing a premature end to the counting of presidential election votes in the state of Florida on December 12, 2000.
(2) Dereliction of Ethical Duty
(Sandra Day O'Connor, William H. Rehnquist, Antonin Scalia, Clarence Thomas)In light of public and demonstrable conflicts of interest arising from their political affiliations and familial ties, by failing to recuse themselves from participation in Bush v. Gore, these four justices violated set and certain ethical guidelines universally adhered to by judges at all levels of jurisdiction which guard against judicial decisions being tainted by bias and partiality, or the appearance of such impropriety; and
(3) Abuse of Federal Judicial Power
(Anthony M. Kennedy, Sandra Day O'Connor, William H. Rehnquist, Antonin Scalia, Clarence Thomas)In holding Bush v. Gore to be justiciable in federal court, abjuring numerous factors compelling its classification as a non-justiciable political question and otherwise dictating prudential abstention, these five justices usurped the powers lawfully belonging to a coordinate branch of the federal government (Congress), and to the state of Florida.