January 21, 2010

Got You to Say "Bush v. Gore!"

A point of personal privilege. It is with mixed feelings today that I saw Chief Justice Roberts cited my book in footnote 2 of his concurrence in Citizens United ("2. See also, e.g., R. Hasen, The Supreme Court and Election Law: Judging Equality from Baker v. Carr to Bush v. Gore 114 (2003) ('Austin represents the first and only case [before McConnell] in which a majority of the Court accepted, in deed if not in word, the equality rationale as a permissible state interest'); Strauss, Corruption, Equality, and Campaign Finance Reform, 94 Colum. L. Rev. 1369, 1369, and n. 1 (1994) (noting that Austin's rationale was based on equalizing political speech); Ashdown, Controlling Campaign Spending and the 'New Corruption': Waiting for the Court, 44 Vand. L. Rev. 767, 781(1991); Eule, Promoting Speaker Diversity: Austin and Metro Broadcasting, 1990 S. Ct. Rev. 105, 108–111.").

It is of course a great honor to be cited by the Supreme Court, though bittersweet when cited in an opinion with which one disagrees. But I do believe this marks the first time that the words "Bush v. Gore" have appeared in any Supreme Court opinion or order since that case was resolved in 2000.

Posted by Rick Hasen at January 21, 2010 10:29 AM