Jeffrey Toobin reports in his new book on the Supreme Court that liberal Justice David Souter was so distraught at the 5-4 decision ending the Florida recount and effectively confirming the election of President George W. Bush that he broke into tears when he thought about it, and even considered resigning from the Court.
I feel his pain. Knowing we were that close to a fifth justice committed to the rule of law and judicial restraint, as opposed to Souter’s intellectually indefensible and largery incoherent results-oriented judicial philosophy, makes me want to cry.

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