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

By Bruce Ackerman

Bruce Ackerman (Ed.)

The ideally suited Court's intervention within the 2000 election will form American legislations and democracy lengthy after George W. Bush has left the White condominium. This research brings jointly a vast variety of criminal students who deal with the bigger questions raised by means of the best Court's activities. Did the Court's choice violate the rule of thumb of legislation? Did it inaugurate an period of super-politicized jurisprudence? How should still Bush v. Gore swap the phrases of discussion over the following around of superb courtroom 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 - signify a large political spectrum. Their reactions to the case are assorted, 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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After all, both Justices Souter and Breyer in the passages quoted above mark the same distinction. ’’) And every student of the Supreme Court knows that it is canonical for the Court, when it decides for the first time an issue on an unusual set of facts, to issue such a caveat. It is almost boilerplate. Those who charge the Court not just with error but with bad faith on this score are open to condemnation in kind. Finally, there is the remedy. This is the most vulnerable part of the 10. It might be said that poorer precincts may use less accurate machinery, but that inaccuracy ex ante may also be random relative to any candidate.

Tribe present spectacle of election o≈cials holding ballots in the air to divine each voter’s intent—o≈cials whose subsequent consultations with a state magistrate were destined to be conducted out of camera range. The illusion of a technical ‘‘fix’’ in the uniform set of rules the state’s high court was faulted for not having promulgated was of a di√erent order. Evidently the justices who acted as though machinelike algorithms could workably replace human judgment in deciphering the machine-rejected ballots were tuned in to breakthroughs in artificial intelligence and computerized pattern-recognition unknown to the rest of us.

C. § 5, Justice Breyer’s proposed remedy—remanding to the Florida Supreme Court for its ordering of a constitutionally proper contest until December 18—contemplates action in violation of the Florida election code, and hence could not be part of an ‘‘appropriate’’ order authorized by Fla. Stat. 168(8) (2000). True it is that the December 12 ‘‘safe harbor provision’’ is just that, an option available to the states, not a requirement of federal law. But the Court also did not just make it up that the Florida court had stated several times its interpretation of Florida law as requiring compliance with that deadline.

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