Former Supreme Court Justice Sandra Day O'Connor said in an interview published this weekend that she is no longer certain that the Supreme Court should have taken Bush v. Gore, the controversial case that ended the 2000 Florida recount and decided that year's presidential election.
"It took the case and decided it at a time when it was still a big election issue," O'Connor told the Chicago Tribune editorial board. "Maybe the court should have said, 'We're not going to take it, goodbye.' "
"Obviously the court did reach a decision and thought it had to reach a decision," she said. "It turned out the election authorities in Florida hadn't done a real good job there and kind of messed it up. And probably the Supreme Court added to the problem at the end of the day."
Other justices, including Antonin Scalia, have defended the court's ruling. In a 2008 interview with CBS News, Scalia called criticism of the decision "nonsense."
"Get over it. It's so old by now," he added.