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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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PRINTED FROM YALE SCHOLARSHIP ONLINE (www.yale.universitypressscholarship.com). (c) Copyright Yale University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in YSO for personal use.date: 23 June 2021

Not as Bad as Plessy. Worse.

Not as Bad as Plessy. Worse.

Chapter:
(p.20) 2 Not as Bad as Plessy. Worse.
Source:
Bush v. Gore
Author(s):

Jed Rubenfeld

Publisher:
Yale University Press
DOI:10.12987/yale/9780300093797.003.0003

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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