At Balkinization, Andrew Koppelman writes On Not Getting Over it, which begins: “A few days ago, Justice Antonin Scalia, asked again about the charge of partisanship in the Supreme Court’s decision in Bush v. Gore to hand the presidency to George W. Bush, declared, ‘Get over it. It’s so old by now.’ I’d like to examine the logic of this epigram, which has become something of a mantra among the decision’s defenders.”
At the Volokh Conspiracy, David Bernstein responds. Interesting comments there too, including one by Rick Pildes.