If Posner does indeed say this, he's casually setting aside the constitution because he doesn't like the outcome ("partisan forces would most likely have run wild"). If his account is correct, then what the Supreme Court did was indeed a judicial coup against the constitution of the Second Republic of the United States. --CGE
On Thu, 26 Jul 2001, Kirsten Neilsen wrote:
> [from Posner v. Dershowitz July 15, 2001, Late Edition - Final By
> Ethan Bronner, NYT]
>
> "Richard A. Posner, a federal judge on the Court of Appeals for the
> Seventh Circuit, a senior lecturer at the University of Chicago Law
> School and the author of an extraordinary array of books on law and
> society, ... says the court ruled appropriately and honorably. It
> acted in the tradition of constitutional pragmatism, averting a
> looming national crisis that would have resulted from the dispute
> ending up in Congress, where partisan forces would most likely have
> run wild. On balance, Posner says, Bush v. Gore was therefore ''a
> rather good'' decision."