Tag: Bush v. Gore
Jeffrey Toobin has a new article in the New Yorker on the tenth anniversary of the Supreme Court decision in Bush v. Gore.
This month marks ten years since the Court, by a vote of five-to-four, terminated the election of 2000 and delivered the Presidency to George W. Bush. Over that decade, the Justices have provided a verdict of sorts on Bush v. Gore by the number of times they have cited it: zero.
Jeffrey says the "echoes" of the case are "clearest when it comes to judicial activism."
Judicial conservatism was once principally defined as a philosophy of deference to the democratically elected branches of government. But the signature of the Roberts Court has been its willingness, even its eagerness, to overturn the work of legislatures.
...This, ultimately, is the tragedy of Bush v. Gore. The case didn’t just scar the Court’s record; it damaged the Court’s honor
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