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Supreme InjusticeHow the High Court Hijacked Election 2000$
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Alan M. Dershowitz

Print publication date: 2003

Print ISBN-13: 9780195158076

Published to Oxford Scholarship Online: November 2003

DOI: 10.1093/0195158075.001.0001

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The Final Decision

The Final Decision

(p.53) 2: The Final Decision
Supreme Injustice

Alan M. Dershowitz (Contributor Webpage)

Oxford University Press

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

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