Thursday, December 9, 2010

Election Hangover: The Real Legacy of Bush v. Gore

By Professor Rick Hasen

Professor Rick Hasen recently wrote this jurisprudence essay, which was published by Slate. It begins:

What's the central legacy of Bush v. Gore, which has its 10th anniversary next Sunday? Republicans see the Supreme Court stopping a lawless recount, while Democrats see a lawless court stopping a legitimate recount. Ten years later, commentators like Jeffrey Toobin protest that Bush v. Gore brought dishonor on the Court. But the Supreme Court's public legitimacy has not suffered.

The real lesson of the Florida fiasco (not merely Bush v. Gore) is about something else: the undermining of the public's faith in the fairness of American elections. This has triggered an ongoing war over their administration.

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