Retired Justice Sandra Day O'Connor last week gave an interview to the Chicago Tribune in which she said for the first time that she doubted the wisdom of the Court granting certiorari to hear the Bush v Gore (2000) case. (I have blogged before about the Supreme Court's luxury of controlling its docket or the ability for it to pick and choose which cases it wishes to hear.) O'Connor said the following about Bush v Gore:
"It took the case and decided it at a time when it was still a big election issue," O'Connor said during a talk Friday with the Tribune editorial board. "Maybe the court should have said, 'We're not going to take it, goodbye.'"
The case, she said, "stirred up the public" and "gave the court a less-than-perfect reputation."
One wonders whether this is a case of hindsight being 20/20, or a case of retirement remorse. Justice O'Connor, who was known as the highly influential swing justice for over a decade on the Court, was replaced by the much more conservative Justice Alito. The Onion has mocked O'Connor's regret.