An excellent op-ed on the Supreme Court case Bush v. Gore

From the New Yorker magazine:

What made the decision in Bush v. Gore so startling was that it was the work of Justices who were considered, to greater or lesser extents, judicial conservatives. On many occasions, these Justices had said that they believed in the preëminence of states’ rights, in a narrow conception of the equal-protection clause of the Fourteenth Amendment, and, above all, in judicial restraint. Bush v. Gore violated those principles. The Supreme Court stepped into the case even though the Florida Supreme Court had been interpreting Florida law; the majority found a violation of the rights of George W. Bush, a white man, to equal protection when these same Justices were becoming ever more stingy in finding violations of the rights of African-Americans; and the Court stopped the recount even before it was completed, and before the Florida courts had a chance to iron out any problems—a classic example of judicial activism, not judicial restraint, by the majority.

Bush v. Gore would resonate, in any case, because the Court prevented Florida from determining, as best it could, whether Gore or Bush really won. (Recounts of the ballots by media organizations produced ambiguous results; they suggest that Gore would have won a full statewide recount and Bush would have won the limited recount initially sought by the Gore forces.) But the case also represents a revealing prologue to what the Supreme Court has since become. As in Bush v. Gore, nominally conservative Justices no longer operate by the rules of traditional judicial conservatism.

The Court is now led, of course, by Chief Justice John G. Roberts, Jr., who was appointed by Bush in 2005 (and who, in 2000, travelled to Florida as a private lawyer working on Bush’s behalf). Under Roberts, the Court has continued to use the equal-protection clause as a vehicle to protect white people. In 2007, in Roberts’s first major opinion as Chief, he struck down the voluntary school-integration plans of Seattle and Louisville, which had been challenged by some white parents. Likewise, under Roberts the conservatives have abandoned their traditional concern with states’ rights if, for example, the state is trying to protect the environment. In another 2007 case, Roberts, Scalia, Thomas, and Samuel A. Alito, Jr. (who replaced O’Connor), argued in dissent that states had no right to force the Environmental Protection Agency to address the issue of global warming.

More worthy debate here