October 24, 2006
"Election deform: The Supreme Court Messes Up Election Law. Again"
Slate has published my new jurisprudence essay, which begins: "It is easy to think of the Supreme Court's surprise decision last week, allowing Arizona to implement its new voter-identification law temporarily, as just another smackdown of the 9th Circuit Court of Appeals. The real significance of Purcell v. Gonzalez, however, lies not in the Supreme Court's rebuke of the 9th Circuit, but in the signals it sends courts about how to handle election-law cases, especially those filed close to an election. And from that perspective, this small case is a potential disaster that may undo some of the unintended good consequences resulting from Bush v. Gore, the 2000 decision ending the presidential election controversy."