Essay on They say you cant be king

Essay on They say you cant be king

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They say that landmark cases are not landmarks unless they create some controversy. After all, they not only answer a pivotal question in the law, but also affect a huge load of subsequent cases in the future. Brown v. Board, Roe v. Wade, and DC v. Heller are all cases that seem to fit this bill. But one case seems to stand out of this pack. The case of Bush v. Gore. In some respects it is a case that can be considered a landmark: it stopped the 2000 Florida recount, handed the presidency to George Bush, and, most of all, generated a lot of controversy. But in other respects it could be considered as a non-landmark: it was largely technically, its application was narrow, and it is a case that will have virtually no legal bearing on any future cases. Indeed, Bush v. Gore is such an abnormal creature that on its ten year anniversary, Jeffrey Toobin took the opportunity to lambaste it once again, calling the so called the court’s five membered “judicial conservatives” as veiled “judicial activists” because they did not practice “judicial restraint” and defer to the legislative branches of government, when they should have (par. 5).
Fast forward a just month later and the Supreme Court is in the firing line again. This time however, the criticism of the high court are not just similar to Bush v. Gore, they go a step further. On top of the criticisms of the court not being deferential to Congress and striking down a provision of the Bipartisan Campaign Reform Act (BCRA), the court was criticized for largely overruling two prior precedents and inviting the corporations to dominate political elections—something that Bush v. Gore did not even come close to doing. However charged the rhetoric may be though, when one looks at the data, it...


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...s, these doubters might say, are sitting on their hands and waiting now, but sooner or later will jump at the opportunity to take the gift the Supreme court has given them to them on a silver platter. And admittedly, this is indeed a possibility. By the same token however, perhaps it will not happen. Future research is needed beyond the 2010 midterm elections and no one will know for certain what those results will be. What is for certain however, is that many of the ex-ante predictions and warnings—especially by those in the legal community—where overstated, over exaggerated, and overblown. As Mark Twain once snidely stated, “get you facts first, and then you can distort them as you please. If only the Citizens United alarmists performed the former before rushing to do the latter, they could have stood a chance of making Citizens United look just like Bush v. Gore.

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