By Bruce Ackerman
Bruce Ackerman (Ed.)
The ideal Court's intervention within the 2000 election will form American legislation and democracy lengthy after George W. Bush has left the White condominium. This learn brings jointly a huge variety of felony students who handle the bigger questions raised through the very best Court's activities. Did the Court's selection violate the rule of thumb of legislations? Did it inaugurate an period of super-politicized jurisprudence? How should still Bush v. Gore switch the phrases of dialogue over the subsequent around of preferrred 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 - characterize a large political spectrum. Their reactions to the case are diversified, jam-packed with argument and debate.
[A] deft exam of a few of the felony and political implications of Bush v. Gore. -- Library magazine
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Extra resources for Bush v. Gore: The Question of Legitimacy
Those who disagree will not believe it. But the colloquy among the contributors to this book has persuaded me that something important about Bush v. Gore has still been missed —by its (many) critics and (few) supporters alike—something that can be uncovered only by going over, yet again, the illegality of the Supreme Court’s opinion. What has been missed is the feature of Bush v. Gore that distinguishes it from other Supreme Court decisions with which one might powerfully disagree. Depending on one’s views, such decisions might include on the one hand Plessy v.
Gore, there was a good reason why the concurring opinion did not command a majority. In the majority opinion, at least the substantive constitutional holding—the ﬁnding of an equal protection violation— was within the ambit of legal defensibility. By contrast, in the concurrence, the constitutional holding itself is indefensible. ’’ To support this argument, the concurring justices could not merely claim that they had found a superior reading of Florida’s election laws, under which the recount was wrong.
I am not going to discuss the stay at all, although many lawyers consider it astonishingly egregious. And I am only going to say a few words—later—about the equal protection violation. My focus, rather, will be on the decisive, ﬁnal piece of Bush v. Gore. The Bush v. Gore majority said it had to halt the counting of votes because there was insu≈cient time to establish satisfactory votecounting rules and still complete the recount by December 12, 2000. This was incontrovertibly true, especially because the Court had stayed 22 j e d r u b e n f e l d the count on December 9 and then issued its opinion approximately two hours before midnight on December 12.
Bush v. Gore: The Question of Legitimacy by Bruce Ackerman