Souter - Take 2

Written by David Frum on Friday May 1, 2009

I wonder if Justice Souter's impending retirement means that we will ever learn the truth of the rumor that circulated a few years back that Souter nearly persuaded Justice Kennedy to join the four more liberal justices in a Bush v. Gore opinion that would have referred the mess to the House of Representatives? (On the theory that Article II, Section 1 of the Constitution provides for a House vote if there is no clear winner in the Electoral College.) 

It's only a footnote to history, but still ... I'd like to know. 

Category: News