Date Posted: November 2010
Bush v. Gore is among the most reviled Supreme Court decisions in recent times. It is also one of the most widely misunderstood. This is partly because of the highly complex series of events that preceded the Court’s decision. But it is mostly because the Court’s opinion has been insistently mischaracterized by legions of academics and other pundits who simply hate what the Court did. Elsewhere, I have provided detailed analyses of the decision. Here, I will offer a concise explanation of what the Court did and why, and perhaps equally important what it did not do.