Justice Stevens' dissent nailed it.

Clarence Thomas's wife was helping with a Bush transition while her husband was deciding the case. Scalia's son was working for the firm appointed by Bush to argue his case before the Supreme Court. Both should have recused.

Later, Sandra Day O'Connor had second thoughts: "It took the case and decided it at a time when it was still a big election issue," O'Connor said. "Maybe the court should have said, 'We're not going to take it, goodbye.'"