A Draft Resolution of Congressional Censure Against 
United States Supreme Court Justices 

Kennedy, O'Connor, Rehnquist, Scalia, and Thomas 

for Their Betrayal of the American People 
and the United States Constitution 
Displayed in the Decisions of 
Bush v. Gore


Why Censure?
 
Letter of Introduction
 
The Counts of Censure
 
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 . . .
 






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VI. The Tragic Impact of the Supreme Court's Rulings on the Body Politic and National Spirit. 


Whereas the Supreme Court's per curiam rulings have presently obliterated the constitutionally established bedrock principle of the separation of powers and thwarted the people themselves from democratically electing the head of the Executive branch of the federal government via prescribed state and Electoral College procedures (as duly determined, in Florida's case, by the state Supreme Court);

Whereas the five members of the United States Supreme Court who comprised the majority in the per curiam rulings of December 9, 2000 and December 12, 2000 have intentionally and with malice interrupted the continuity of the Republic and subjugated the plurality of nearly 51 million citizens casting votes for the national candidates of the Democratic Party to the whims of base partisan connivance;

Whereas said five members comprising the majority in said per curiam rulings devastated not only the rule of law but also the civic esteem in which judges are held, viz.:
 

It is confidence in the men and women who administer the judicial system that is the true backbone of the rule of law. Time will one day heal the wound to that confidence that will be inflicted by today's decision. One thing, however, is certain. Although we may never know with complete certainty the identity of the winner of this year's Presidential election, the identity of the loser is perfectly clear. It is the Nation's confidence in the judge as an impartial guardian of the rule of law. (Justice Stevens' dissent, Bush v. Gore, No. 00-949 U.S. Dec. 12, 2000, p. 7); and 


Whereas, according to a Newsweek poll released immediately following the ruling, "[s]ixty-five percent of those surveyed believe[d] politics or partisanship played a role in the U.S. Supreme Court justices' decision to reverse a Florida Supreme Court decision" and "[a]lmost half of those surveyed (46%) [said] the High Court's decision made them more likely to think its justices have a partisan bias";
 


Next page: VII. The Voice of Memory
 

The Counts of Censure
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
Therefore it is resolved that . . .