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Bush v. GoreThe Question of Legitimacy$
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Bush v. Gore: The Question of Legitimacy

Bruce Ackerman

Print publication date: 2002

Print ISBN-13: 9780300093797

Published to Yale Scholarship Online: October 2013

DOI: 10.12987/yale/9780300093797.001.0001

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Political Questions and the Hazards of Pragmatism

Political Questions and the Hazards of Pragmatism

Chapter:
(p.145) 9 Political Questions and the Hazards of Pragmatism
Source:
Bush v. Gore
Author(s):

Jeffrey Rosen

Publisher:
Yale University Press
DOI:10.12987/yale/9780300093797.003.0010

This chapter traces the way the classical doctrine of principled restraint has been transformed into an invitation to judicial heroism. It challenges this new doctrine by confronting one of its primary defenders, Judge Richard Posner. Posner's efforts to defend Bush v. Gore on “pragmatic” grounds only demonstrate how speculative and dangerous the new interventionism has become.

Keywords:   principled restraint, Judge Richard Posner, interventionism

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