The Presidential Election Dispute, the Political Question Doctrine, and the Fourteenth Amendment: A Reply to Professors Krent and Shane
Robert J. Pushaw
Pepperdine University - School of Law
Florida State University Law Review, Vol. 29, 2001
In this analysis of the Supreme Court’s decision in Bush v. Gore, Professor Pushaw compares that opinion to the Court’s precedent established in Baker v. Carr. Baker set the stage for Bush, and while Professor Pushaw believes that both cases were wrongly decided, he argues that the Bush decision is more defensible because it departed less radically from the Court’s existing practice. Baker turned the political question doctrine into a prudential case-by-case judgment call. Ever since, the Court has almost always exercised this unbridled discretion in favor of intervening in heavily politicized disputes. Moreover, Baker provides a “precedent” for the Court’s Equal Protection Clause analysis in Bush.
Number of Pages in PDF File: 22
Keywords: Bush v. Gore, Baker v. Carr, Equal Protection Clause
JEL Classification: K19, K39Accepted Paper Series
Date posted: October 19, 2009
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