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Bush v. Gore and the Boundary Between Law and Politics, 110 Yale L. J. 1407 (2001).


Shortly after the Supreme Court’s 5-4 decision in Bush v. Gore, one member of the majority, Associate Justice Clarence Thomas, addressed a group of students in the Washington, D.C., area. He told them that he believed that the work of the Court was not in any way influenced by politics or partisan considerations. This speech was widely reported in the press. Afterwards the question on many legal scholars’ minds was not whether Justice Thomas had in fact made these statements. The question was whether he also told the students that he believed in Santa Claus, the Easter Bunny, and the Tooth Fairy.

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