The Unbearable Rightness of Bush v. Gore

Abstract

for helpful comments, and to the Law & Economics Center at George Mason Law School for generous financial support. I am especially grateful to Stephen G. Gilles for his relentlessly skeptical and constructive criticisms of several preliminary drafts.

The controversial intellectual giant of our time

“…But the decision in Bush v. Gore did not seem to further those values. (Balkin, 2001: 1408-9, FN 18)Again, there were numerous critics and supporters (see for example: Balkin, 2001; Chemnennsky, 2000–01; Goldman, 2002; Klarman, 2001; Kritzer, 2001; Lund, 2002; McConnell, 2001; Nicholson and Howard, 2003). It is quite revealing that the critics could not simply draw on formal legal criteria, but instead were compelled to delve into values.…”