Alan M. Dershowitz

in Supreme Injustice

Published in print January 2003 | ISBN: 9780195158076
Published online November 2003 | e-ISBN: 9780199869848 | DOI:

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Presents the author's strong opinions on the ending of the 2000 US presidential election. Starts by pointing out that the five justices who ended the 2000 election by stopping the Florida hand recount have damaged the credibility of the US Supreme Court, and that their lawless decision in Bush vs Gore promises to have a more enduring impact on Americans than the outcome of the election itself. The USA accepted the election of George W. Bush, as it must under the rule of law, but the unprecedented decision of the five justices to substitute their political judgement for that of the people threatens to undermine the moral authority of the high court for generations to come — for the Supreme Court consists of only nine relatively unknown justices with small staffs, and it has wielded an enormous influence on US history. The majority ruling in Bush vs Gore has marked a number of significant firsts in American history; these are outlined and it is noted that there is now a widespread loss of confidence that reaches to the highest part of the judiciary, that the Supreme Court decision may well have violated Article II of the Constitution, and, furthermore, determined a presidential election on doubtful equal protection grounds. Attempts to explain the Court's decision and the justices concerned, and establish how the USA has reached the point where five unelected judges could have had so much influence on the political destiny of a nation.

Keywords: American history; George W. Bush; Bush vs Gore; election recount; elections; equal protection; Florida; Florida recount; Al Gorehigh court; injustice; justices; presidential elections; unelected judges; US Constitution; US presidency; US presidential election 2000; US Supreme Court; USA

Chapter.  3281 words. 

Subjects: US Politics

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