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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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A Political Question

A Political Question

(p.129) 8 A Political Question
Bush v. Gore

Steven G. Calabresi

Yale University Press

This chapter explores the ways in which political efforts to break the “tie vote” in Florida were systematically discredited in the media, while judicial efforts were consistently glorified. It juxtaposes this pro-judicial bias of the media with the classical legal principles governing the “political question doctrine.” It argues that the Court had a constitutional obligation to defer to the political branches, and that it was up to Congress, not the Court, to resolve the ultimate conflict.

Keywords:   Supreme Court, political branches, legal principles, Florida, media, political question doctrine

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