Bush v. Gore: legally, why this was bad (aside from installing the Chimp)

[steve2470]

Can someone give me a one paragraph summary of legally why the Bush v. Gore decision was so flawed ? Yes, I know it enabled the Chimp to take office, so yes I agree it was a very bad decision. They should have simply let the Florida Supreme Court handle the recount matter.

[redqueen]

1. You could paraphrase from this I bet...

http://www.nytimes.com/2006/08/15/opinion/15tues4.html?ex=1313294400&en=687375003b802612&ei=5090&partner=rssuserland&emc=rss

[The Count]

2. I remember they didn't want it to have a precedent value - so they said

it only applies to that case. I remember Justice Stevens saying it shattered people's confidence in the courts. I remember Scalia's comments before accepting it - that a full count would damage Bush's interest - which was pretty much admitting that it was to benefit him. I also remember them using the equal rights amendment as a basis - in spite creating an unequal situation for the voters whose vote didn't count.
And of course, the whole state rights doctrine, so dear to the wingnuts was conveniently disposed of for the occasion. Books were written about what was wrong with it, so, that's only what I remember.

[Selatius]

3. The Supreme Court said, in essence, it cannot be used as precedent. Bullshit detector went off.

Throughout the entire US history of jurisprudence, the decisions handed down by courts of the land have been used as precedent to help adjudicate other court cases that visited upon the same or related issues. When the Supreme Court came out and halted the Florida recount, it basically said the court decision should not be used as precedent?

Why? Because no amount of bullshit under God's Sun could hide the fact that the Supreme Court basically decided despite precedent instead of with respect to precedent.

If the Supreme Court really wanted to follow precedent laid down over two centuries of US history, then the Court, in citing the Equal Protection Clause of the 14th Amendment, should've demanded a uniform standard by which all ballots are counted and demanded all Florida counties perform a recount. Whatever one does, the others must do. That is only fair. That is what the Equal Protection Clause means.

[steve2470]

4. thank you so much for the replies so far ! nt

[Gothmog]

5. None Dare Call it Treason is a great essay that will help

Here is an essay that is very good on Bush v. Gore. http://www.thenation.com/doc/20010205/bugliosi Vincent Bugliosi makes a great case that the five justices who voted against the recount are traitors.