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Nelson Lund Reviews "Bush v. Gore: The Question of Legitimacy" - Edited by Bruce Ackerman

By Nelson Lund
May 01, 2003
The 2000 election generated the most famous Supreme Court decision of recent times. Bush v. Gore: The Question of Legitimacy, a collection of essays edited by Bruce Ackerman, will lead almost every reader to conclude that Bush v. Gore was wrongly decided, or worse. In fact, much worse. Eleven of the thirteen essays were written by liberal academics who denounce the decision in terms that range from harsh to hysterical. And neither of the two essays by conservatives unequivocally defends the decision’s legality. Surprising as it may be to outsiders, the book is a pretty fair reflection of the academic literature, which is large and growing. Indeed, I know of only one law review article defending the legal merits of the Court’s opinion. I wrote that article, and its most salient feature may be how singular it has proved to be.