From his perch at the liberal magazine The New Yorker on Tuesday, CNN legal analyst Jeffrey Toobin recycled his lament that the Bush-Gore 2000 chad fight should have lasted several more months. (Toobin's 2001 book Too Close to Call also carried Al Gore's water.) Toobin fights against the popular notion that liberals should get over 2000, for it revealed conservative judicial activism, most appalling to Toobin when “equal protection” is applied to white males, as if they're entitled to it. But Toobin simply gets it wrong in finding media recounts were not conclusive: Bush v. Gore would resonate, in any case, because the Court prevented Florida from determining, as best it could, whether Gore or Bush really won. (Recounts of the ballots by media organizations produced ambiguous results; they suggest that Gore would have won a full statewide recount and Bush would have won the limited recount initially sought by the Gore forces.) Wrong. As Brent Baker reminded readers in 2008 , both media recounts, including a statewide recount of undervotes, concluded the Court did not decide the election: read more
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Lamenting Tenth Anniversary of Bush vs. Gore, CNN’s Toobin Mangles Media Recount Reality