Sandra Day O'Connor Said to Regret Bush v. Gore Decision

By Terry Gross, NPR

11 March 13

rom NPR's Fresh Air With Terry Gross, March 6th, 2013:

TERRY GROSS: So finally, since I did just talk to Justice Sandra Day O'Connor yesterday, I want to ask you about something that I asked her, which related to something that you had said. And in one of our previous interviews when you and I were talking about Bush v. Gore, you had said that Justice O'Connor, who was the swing vote in that decision and sided with the conservatives, you said that she later regretted the decision.

And when I mentioned that to her, she said, I don't know why he said that. I have not said that myself and it's not anything I want to weigh in on. There's no point at this point in me saying I regret some decision I made. I'm not going to do that. I'm not going to do that. And I said, so you say you never really said that? And she says, I hope I didn't. So any comment?

JEFFREY TOOBIN: To know Justice O'Connor as I am privileged to do is to know that the word regret never passes her lips. She is a forward-looking person. She's a Westerner. She is someone who is always thinking about the future, and you know, it's one of the absolutely great things about her. Did she regret her vote in Bush v. Gore? Did she regret the Bush presidency? You bet she did, and you bet she does.

The war in Iraq. The war on terror. John Ashcroft as attorney general. The Terri Schiavo case. All of these things filled Justice O'Connor with revulsion and you can be sure that her vote in Bush v. Gore weighs on her mind. Now, regret it? Saying she regret it? No. Did she regret it? You bet.

From NPR's Fresh Air With Terry Gross, March 5th, 2013:

TERRY GROSS: My experience is that justices don't like to talk about this decision, but can I ask you about Bush v. Gore or do you have a no discussion about it?

SANDRA DAY O'CONNOR: Well, I don't want to discuss things that I've done that require me to look back and say what if.

TERRY GROSS: This isn't a what - well, I don't think this is a what if. Maybe I can ask the question and you can tell me if you're comfortable answering.

SANDRA DAY O'CONNOR: Well, ask and I'll deal with it.

TERRY GROSS: OK. OK. Good. So, you know, the decision was a five to four decision. It deeply divided the country. People who disagreed with the decision thought the Supreme Court had prevented a legitimate recount in Florida, thereby handing the presidency over to George W. Bush. You voted to end the recount. I don't know if you've read Jeffrey Toobin's on the subject, but he said on...

SANDRA DAY O'CONNOR: No. I haven't.

TERRY GROSS: He said on our show that you later regretted the decision and you...

SANDRA DAY O'CONNOR: Well, I don't know why he said that. I've not said that myself and it's not anything I would want to weigh in on. There's no point in my, at this point, saying I regret some decision I made. I'm not going to do that.

TERRY GROSS: OK. So you say you never really said that.

SANDRA DAY O'CONNOR: I hope I didn't.