Book
Review:
Richard
L. Hasen, A “Tincture of Justice”:
Judge Posner’s Failed Rehabilitation of Bush v. Gore
(reviewing Richard A. Posner’s Breaking the Deadlock:
The 2000 Election, the Constitution, and the Courts),
80 TEXAS L. REV. 137 (2001).
Abstract:
In
this book review, Judge Hasen argues that Judge Posner’s
defense of the Supreme Court’s decision in Bush v. Gore
to cease the recount of votes for president in Florida is
unconvincing. He
states that Posner’s defense is a “result-oriented argument
that the Court’s decision was necessary to avert a crisis”
and concludes that liberals have the stronger argument.