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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: 27 July 2021

The Fallibility of Reason

The Fallibility of Reason

Chapter:
(p.84) 5 The Fallibility of Reason
Source:
Bush v. Gore
Author(s):

Owen Fiss

Publisher:
Yale University Press
DOI:10.12987/yale/9780300093797.003.0006

This chapter argues that Bush v. Gore is no different from many other cases decided by the Rehnquist Court. It rejects the claim that its unprincipled character places the decision “on a different moral plane.” It argues that the Court's decision is principled. While those principles are mistaken and wrongly applied to the facts, this is true of many decisions reached by many courts. The fallibility of judicial reason should not shake our collective faith in the rule of law, and in the judicial effort to hold power accountable to principle.

Keywords:   Supreme Court, Rehnquist Court, principles

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