Abstract

In this article, Judge Posner summarizes and updates his previous analysis of the failed 2000 Presidential election in Florida, and the ensuing litigation that culminated in the Supreme Court's decision in Bush v. Gore. The article uses multivariate statistical analysis to demonstrate the causes and consequences of the numerous spoiled ballots and evaluates the claim that Al Gore won at least a moral victory in the Florida election. The article then analyzes the litigation over the election, and concludes that there are pragmatic justifications for the Supreme Court's controversial decision that gave the Presidency to George Bush.

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