A Badly Flawed Election
A Badly Flawed Election: Debating Bush V. Gore, the Supreme Court, and American Democracy
R. M. Dworkin, Ronald Dworkin,
Publisher: New Press
ISBN: 1565847377
Edition: Hardcover; 2002-09
Summary:
America's leading constitutional scholars and historians debate the
most controversial election in US history. The 2000 presidential
election ended, according to constitutional law scholar Ronald
Dworkin, in the worst possible way"not with a national affirmation
of democratic principle but by the fiat of the five conservative
Supreme Court justices over the fierce objection of the four more
liberal justices." The Court's decision ensured both a George W. Bush
victory and a continuing cloud of suspicion over that victoryas well
as an unprecedented examination of the politics of the Court itself.
Now Dworkin, one of the most important liberal analysts in
Anglo-American jurisprudence, has assembled a distinguished cast of
leading legal scholars and historians to debate the consequences of
that fiat in a unique group exchange format, with printed responses
by each of the contributors to the essays of the others. This book
will undoubtedly be welcomed as the most thorough, intellectually
rigorous examination of the 2000 election. A Badly Flawed Election
includes contributions by Dworkin, conservative Judge Richard Posner,
Harvard Law School's Lani Guinier, the University of Chicago Law
School's Cass Sunstein, New York University law professor Richard
Pildes, historian Arthur Schlesinger, Jr., Berkeley political
scientist Nelson Polsby, and Harvard's Lawrence Tribe, who argued
Vice President Al Gore's case before the Supreme Court. Tribe's
original essay combines analysis with a personal reflection on the
impact the Court's decision has had on his own attitude toward the
Court, constitutional law, and teaching. The book also includes a
major new introduction by Dworkin, assessing the legal, political,
and ethical legacy of the election, and will feature a discussion of
policy proposals that would ensure meaningful election reform.
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