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Bush v. GoreThe Question of Legitimacy$
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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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The Conservatism in Bush v. Gore

The Conservatism in Bush v. Gore

(p.163) 10 The Conservatism in Bush v. Gore
Bush v. Gore
Mark Tushnet
Yale University Press

This chapter assesses the Supreme Court's decision in explicitly political terms. It argues that there is nothing particularly surprising about “five Republican Justices award[ing] the presidency to the Republican candidate.” The only real question is whether the Court played its part in a politically savvy way. The justices lost a great deal of support by issuing an opinion that offended rule of law myths too blatantly. They also seemed to be gambling too heavily on the success of the Bush presidency to restore their future reputations. The chapter considers the extent to which the opinion expressed a conservative distrust of democracy and an embrace of technological solutions to political problems.

Keywords:   Supreme Court, justices, rule of law, Bush presidency, democracy

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