According to New Book on Justice O’Connor, J. Scalia Thought Equal Protection Rationale of Bush v. Gore Was “as We Say in Brooklyn, a Piece of Shit”

New book is “First” by Evan Thomas and here’s the excerpt, courtesy of Mike Sacks: Some behind the scenes detail of Bush v Gore: -O’Connor backfired her bestie Breyer’s bid for Kennedy’s vote -Scalia went along with what he thought … Continue reading

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Justice Stevens Tags Citizens United, Bush v. Gore as Two of Three “Grave Errors” of Supreme Court During His Time There

In interview with Adam Liptak: The court’s “second-biggest error,” Justice Stevens said, was the Citizens United campaign finance decision. “Money in politics — it’s hard to believe the extent of it,” he said. The third-biggest mistake, he said, was Bush v. Gore, … Continue reading

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Federal Court Declines to Extend Florida Recount Deadlines Due to Lack of Evidence Before It, But Suggests Bush v. Gore Would Bar Recounts Included in Vote Totals from Only Selected Counties

From the Court’s opinion: By cosmic coincidence (or curse), it is Bush v. Gore that is most instructive in this Florida recount dispute. It is a foundational tenet of our democracy that “[t]he right to vote is protected in more … Continue reading

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“Ghosts of 2000 haunt Florida recount; Democrat Andrew Gillum withdraws his concession in the governor’s race”

Politico: The ghosts of Florida’s botched and aborted 2000 presidential election haunted the state Saturday as officials formally called for three automatic recounts to decide the next U.S. senator, governor and agriculture commissioner. Recounts were also ordered in three legislative … Continue reading

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“Supreme Court Avoids Bush v. Gore II in Ducking Pennsylvania Redistricting Controversy”

I have written this blog post over at the Harvard Law Review blog.  It begins: After waiting, and waiting, and waiting, the United States Supreme Court finally answered the question whether it would heed Pennsylvania Republicans’ calls to put on hold the Pennsylvania Supreme … Continue reading

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“Mindlessly Literal Reading Loses Again; This Supreme Court decision is a dig at Bush v. Gore.”

Here’s my piece at Slate on today’s AZ redistricting ruling from the Supreme Court.  It begins: The Supreme Court ended its term Monday with another major rejection of conservative attempts to use wooden, textualist arguments to upset sensible policies. The … Continue reading

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Justice Ginsburg Reflects on Bush v. Gore, Citizens United and Shelby County

TNR interview of the Justice by Jeff Rosen: JR: And you’ve discouraged separate concurrences. RBG: Yes. JR: Why is that? RBG: The experience I don’t want to see repeated occurred in Bush v. Gore. The Court divided five to four. There were four separate dissents, and that confused … Continue reading

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