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Not as Bad as Plessy. Worse.

Jed Rubenfeld

in Bush v. Gore: The Question of Legitimacy

Published in print:
2002
Published Online:
October 2013
ISBN:
9780300093797
eISBN:
9780300127003
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300093797.003.0003
Subject:
Political Science, American Politics

This chapter addresses Bush v. Gore strictly from a legal point of view. It discusses why Bush v. Gore differs profoundly from cases like Roe or Plessy. It argues that the Bush v. Gore majority ... More


The 2000 Presidential Election Controversy Manoj Mate And Matthew Wright

Manoj Mate and Matthew Wright

in Public Opinion and Constitutional Controversy

Published in print:
2008
Published Online:
October 2011
ISBN:
9780195329414
eISBN:
9780199851720
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195329414.003.0015
Subject:
Political Science, American Politics

The Supreme Court's decision in Bush v. Gore (2000) may have decided the disputed 2000 presidential election, but in its immediate aftermath, the controversy lived on in the divisions the case caused ... More


Partial (but not Partisan) Praise of Principle

Cuido Calabresi

in Bush v. Gore: The Question of Legitimacy

Published in print:
2002
Published Online:
October 2013
ISBN:
9780300093797
eISBN:
9780300127003
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300093797.003.0005
Subject:
Political Science, American Politics

This chapter discusses the rather complex but crucial role of principle in judicial decision making. It begins with a sketch of three possible opinions that might have resolved Bush v. Gore in a ... More


An Unreasonable Reaction to a Reasonable Decision

Charles Fried

in Bush v. Gore: The Question of Legitimacy

Published in print:
2002
Published Online:
October 2013
ISBN:
9780300093797
eISBN:
9780300127003
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300093797.003.0002
Subject:
Political Science, American Politics

This chapter discusses the Supreme Court's decision in Bush v. Gore. It argues that the case was correctly decided. It attempts to explain the reasonableness of Bush v. Gore, and its rightful place ... More


Conclusion Modern Conservatism and Judicial Power

in The Most Activist Supreme Court in History: The Road to Modern Judicial Conservatism

Published in print:
2004
Published Online:
March 2013
ISBN:
9780226428840
eISBN:
9780226428864
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226428864.003.0009
Subject:
Political Science, American Politics

The liberal and Democratic support for the Court took a temporary hit from Bush v. Gore, but it quickly rebounded and is likely to remain strong over the long term, in large part because Justices ... More


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