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On December 9, 2000, the United States Supreme Court stayed the presidential election litigation in the Florida courts and set oral argument for December 11.1 On the morning of December 12-one day after oral argument and half a day before the Supreme Court announced its decision in Bush v. Gore2-the Wall Street Journal published a front-page story that included the following:
Chief Justice William Rehnquist, 76 years old, and Justice Sandra Day O'Connor, 70, both lifelong Republicans, have at times privately talked about retiring and would prefer that a Republican appoint their successors. . . . Justice O'Connor, a cancer survivor, has privately let it be known that, after 20 years on the high court, she wants to retire to her home state of Arizona . . . . At an Election Night party at the Washington, D.C., home of Mary Ann Stoessel, widow of former Ambassador Walter Stoessel, the justice's husband, John O'Connor, mentioned to others her desire to step down, according to three witnesses. But Mr. O'Connor said his wife would be reluctant to retire if a Democrat were in the White House and would choose her replacement. Justice O'Connor declined to comment.3
In a story published the following day, Christopher Hitchens, the United States correspondent for the Evening Standard of London, wrote that "O'Connor . . . has allegedly told her friends and family that she wishes to retire from the Court but won't do so if there is to be a Democratic president to nominate her replacement."4 Helen Thomas, a nationally syndicated columnist, wrote that "[t]he story going around [Washington] is that a very upset Justice Sandra Day O'Connor walked out of a dinner party on election night when she heard the first mistaken broadcast that Vice President A Gore had won. The ailing O'Connor apparently wants to retire, but not while a Democrat is in the White House and could pick her successor."5 Various parts of this story were repeated in a number of publications.6
The following week, Newsweek published a more detailed account:
[A]t an election-night party on Nov. 7, surrounded for the most part by friends and familiar acquaintances, [Justice O'Connor] let her guard drop for a moment when she heard the first critical returns shortly before...