RUSH: Justice Scalia has a book coming out and he did the obligatory appearance on 60 Minutes. It will air on Sunday night. But I want you to hear an excerpt from the interview. Lesley Stahl doing the interview, and she said, ‘People say that the 2000 Florida election decision was not based on judicial philosophy, but on politics.’
JUSTICE SCALIA: I say: nonsense.
STAHL: Was it political?
JUSTICE SCALIA: Get over it! It’s so old by now. The principal issue in the case, whether the scheme that the Florida Supreme Court had put together violated the federal Constitution, that wasn’t even close. The vote was 7-2. It was Algore who made it a judicial question. It was he who brought it into the Florida courts. We didn’t go looking for trouble. It was he said, ‘I want this to be decided by the courts.’ What are we supposed to say? ‘Oh, it’s not important enough.’
RUSH: And he continued. Look, the Florida Supreme Court was changing the rules by which votes were counted at every hearing that they had, and the Supreme Court of the United States was telling them, ‘You can’t,’ and they kept doing it. But he’s right. It was Algore who caused all that havoc by taking it into the court system in the first place.