Review the readings from last week. In this cumulative post, students are invited to think about whether Justices are motivated by political ideology, legal philosophy, or if these two concepts are interrelated. Read Bush v Gore, then locate each of the justices who voted in the case on the Bailey graph.
How or how not does the Bailey graph help explain the way Justices voted in the case?
What are some other ways to explain how and why the Court voted the way it did in Bush v Gore? (Draw on readings from the other weeks you think explain judicial decision-making.)
What is the most compelling explanation?
If you argue that Justices aren’t ideologically-driven, then make sure you address why there is a high correlation between ideology and votes in the Bailey graph.
