Supreme Injustice
How the High Court Hijacked Election 2000
Dershowitz, Alan M.,
Felix Frankfurter Professor of Law, Harvard Law School
Print publication date: 2003
Published to Oxford Scholarship Online: November 2003 Print ISBN-13: 978-0-19-515807-6 doi:10.1093/0195158075.001.0001 |
|
|
Abstract:
Millions of Americans were mystified by, and outraged, by the US Supreme Court's role in deciding the presidential election of 2000. The Court had held a unique place in the system of checks and balances, seen as the embodiment of fairness and principle, precisely because it was perceived to be above the political fray. How could it now issue a decision that reeked of partisan politics, and send to the White House a candidate who may have actually lost the election? Addresses these questions head-on, and demystifies Bush vs Gore for those who are still angered by the court's decision but unclear about its meaning. Digs deeply into the Court's earlier writings and rulings, and proves beyond a reasonable doubt that the justices who gave George W. Bush the presidency contradicted their previous positions to do so. Shows how the use by the five majority justices of the equal-protection clause to halt the Florida recount was utterly irreconcilable with their previous jurisprudence, and how each violated his or her own judicial philosophy in crafting a monstrous opinion that cannot be squared with their prior opinions.
Keywords: George W. Bush, Bush vs Gore, election recount, elections, equal protection, Florida, Florida recount, Al Gore, high court, injustice, justices, presidential elections, US presidency, US presidential election 2000, US Supreme Court, USA Table of Contents
Introduction
1:.
Five Justices Decide the Election
2:.
The Final Decision
3:.
Would the Majority Have Stopped the Hand Count if Gore Had Been Ahead?
4:.
The Inconsistency of the Majority Justices With Their Previously Expressed Views
5:.
The Importance of Bush v. Gore to All Americans
Index
|
|
|
|
|