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Washington Monthly
February 28, 2001
Jamin Raskin

Bandits in Black Robes

Why you should still be angry about Bush v. Gore

Quite demonstrably the worst Supreme Court decision in history, Bush v. Gore changes everything in American law and politics. The Rehnquist Court has destroyed any moral prestige still lingering from the Warren Court's brief but passionate commitment to civil rights in the middle of the last century. Now the court has returned to its historic conservative role, rushing to aid the political party of property and race privilege in a debased partisan way, torturing out of the Equal Protection Clause new rules to assure the power of one political faction. Bush v. Gore was no momentary lapse of judgment by five conservative justices, but the logical culmination of their long drive to define an extra-constitutional natural law enshrining the rights of white electoral majorities, like the one that brought George W. Bush the White House.

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