Bush v. Gore: The Question of Legitimacy - download pdf or read online

By Bruce Ackerman

Bruce Ackerman (Ed.)

The perfect Court's intervention within the 2000 election will form American legislation and democracy lengthy after George W. Bush has left the White condo. This research brings jointly a vast diversity of criminal students who handle the bigger questions raised through the ideally suited Court's activities. Did the Court's choice violate the guideline of legislations? Did it inaugurate an period of super-politicized jurisprudence? How should still Bush v. Gore swap the phrases of dialogue over the subsequent around of preferrred courtroom appointments?

The contributors - Bruce Ackerman, Jack Balkin, Guido Calabresi, Steven Calabresi, Owen Fiss, Charles Fried, Robert put up, Margaret Jane Radin, Jeffrey Rosen, Jed Rubenfeld, Cass Sunstein, Laurence Tribe and Mark Tushnet - characterize a vast political spectrum. Their reactions to the case are various, full of argument and debate.


[A] deft exam of a number of the criminal and political implications of Bush v. Gore. -- Library magazine

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Extra resources for Bush v. Gore: The Question of Legitimacy

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A number of commentators have endorsed the idea that Bush v. Gore, if legally indefensible, is no more indefensible than a case like Roe. If, the argument seems to run, one wants to support ‘‘judicial activism’’ in Roe, one had better be prepared to take the bitter with the sweet. In these final paragraphs I address the comparison between Bush v. Gore and other cases, like Roe or Plessy v. Ferguson, with which one might powerfully disagree. As noted above, I believe that Bush v. Gore is not comparable to these cases.

I will say only a little about this holding. To be clear: this finding was not legally indefensible. The absence of clear vote-counting rules in the manual recount created obvious risks of arbitrariness, unequal treatment, and partisan subjectivity. As the Bush v. Gore majority observed, ‘‘dimpled chads’’ in at least one county were apparently being deemed legal votes, while identical ballots in other counties were not. It is certainly defensible to hold that an electoral process is arbitrary when di√erent counties apply di√erent rules to identically situated votes or voters, with the result that some people lose their votes simply because they happen to live in one county rather than another.

Epstein, eds. 2001). n o t a s b a d a s p l e s s y , w o r s e . 25 would lead all but the most expert readers to believe that federal law ‘‘requires that any controversy or contest . . ’’ In fact, federal law does no such thing. As noted above, under federal law, December 12 is only a safe-harbor date—which the Court itself acknowledges in the last sentence quoted. As a result, the majority is obliged to say that Florida has chosen to make the December 12 safe-harbor date into a strict deadline as a matter of state law.

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