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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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Not as Bad as Plessy. Worse.

Not as Bad as Plessy. Worse.

(p.20) 2 Not as Bad as Plessy. Worse.
Bush v. Gore

Jed Rubenfeld

Yale University Press

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 rendered an enormously illegitimate decision. It further suggests that other decisions rendered by the majority can no longer be taken seriously as matters of constitutional principle.

Keywords:   illegitimate decision, Bush v. Gore, Roe, Plessy

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