Chapter

The Final Decision

Alan M. Dershowitz

in Supreme Injustice

Published in print January 2003 | ISBN: 9780195158076
Published online November 2003 | e-ISBN: 9780199869848 | DOI: http://dx.doi.org/10.1093/0195158075.003.0003
 The Final Decision

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Gives an account of the final decision of the US Supreme Court on the Florida vote in the (Bush vs Gore) US presidential election of 2000. Includes discussion of the deliberations and decisions of the Florida Supreme Court in the case of the recount in that state. The main sections of the chapter are: Imperfect Ballots and the Misuse of the Equal‐Protection Clause; Discerning Intent; The Majority's Curious Use of Precedent to Reach Its Result — the inability of the majority of the Supreme Court to point to any case that supported its questionable interpretation of the equal‐protection clause; Of Fundamental Rights, Equal Protection, and Victims; Limited Circumstances — the statement by the Supreme Court that their consideration was limited to the 2000 US presidential election; The Article II Argument — by the US Supreme Court that the Florida Supreme Court had usurped the constitutional authority of the legislature; and Justification by National Crisis.

Keywords: Article II of the US Constitution; Ballots; George W. Bush; Bush vs Gore; election recount; Equal Protection; Florida; Florida recount; Al Gore; Rights; US Constitution; US presidential election 2000; US Supreme Court; USA; victims; voter intent

Chapter.  12436 words. 

Subjects: US Politics

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