Get Bush v. Gore: The Question of Legitimacy PDF

By Bruce Ackerman

ISBN-10: 0300093799

ISBN-13: 9780300093797

Bruce Ackerman (Ed.)

The ideal Court's intervention within the 2000 election will form American legislations and democracy lengthy after George W. Bush has left the White apartment. This examine brings jointly a large variety of criminal students who handle the bigger questions raised via the best Court's activities. Did the Court's selection violate the guideline of legislation? Did it inaugurate an period of super-politicized jurisprudence? How may still Bush v. Gore swap the phrases of dialogue over the following around of ideally suited court docket appointments?

The contributors - Bruce Ackerman, Jack Balkin, Guido Calabresi, Steven Calabresi, Owen Fiss, Charles Fried, Robert publish, Margaret Jane Radin, Jeffrey Rosen, Jed Rubenfeld, Cass Sunstein, Laurence Tribe and Mark Tushnet - symbolize a huge political spectrum. Their reactions to the case are assorted, jam-packed with argument and debate.


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

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

Example text

But not one of these other disparities and inequalities—all of which favored Bush, and every one of which involved a disputed number of votes potentially large enough to alter the election result—was dealt with by the Supreme Court or any other court in terms of the equal protection reasoning announced in Bush v. Gore. Once again, the point is not that the finding of an equal protection violation in Bush v. Gore was legally indefensible. It was defensible (although mistaken, in my view). But it was also suspicious.

From this point of view, a certain suspicion about the equal protection finding, which was literally unprecedented, is inevitable. The suspicion is twofold. First, reasonable people may feel that the Bush v. Gore majority, regardless of whether they were acting in subjective good faith, used the language of equal protection to rationalize a wholly unprincipled decision. ’’ Critics say this statement tells lower court judges not to apply the reasoning of Bush v. Gore to other cases, which would plainly be an illegitimate instruction.

The Florida Supreme Court had been wrong about the rules governing the manual recount. According to at least three of the five members of the Bush v. Gore majority, the Florida court had also been wrong about the state-law standard of review applicable to election contests; wrong about the state-law definition of a ‘‘legal vote’’; wrong about the appropriateness under state law of a statewide manual recount; and wrong about the degree of deference due under state law to Secretary of State Katherine Harris.

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Bush v. Gore: The Question of Legitimacy by Bruce Ackerman

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