"Bush v. Gore" and the Conservatives
Gary Rosen is right to take issue with those conservatives who reject the legal reasoning underlying the Supreme Court’s per-curiam decision in Bush v. Gore but who nonetheless enthusiastically embrace the result ["Reconsidering Bush v. Gore," November 2001]. And he is right to stress that poorly reasoned or lawless decisions, particularly those coming from the nation’s highest court, promote disrespect for the rule of law. But he is wrong to accept, with hardly even a gesture toward argument or evidence, the conventional wisdom about the alleged infirmities of the Court’s legal reasoning.
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