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
Category Archives: Bush v. Gore reflections
“We both won the election despite losing the popular vote, though back in my day we didn’t let Russians rig our elections. We used the Supreme Court—like Americans.” —“George W. Bush” (Will Ferrell on SNL). … Continue reading
Monday, December 12 marks the 16th anniversary of Bush v. Gore. There’s not much to celebrate. True, the lines have gotten much better, and in many places the machinery of running elections has improved. But we still have nationally embarrassing … Continue reading
Dahlia Lithwick for Slate. … Continue reading
Zoe Tillman for Law.com. … Continue reading
The LA Times talks to David Boies. … Continue reading
Elie Mystal for ATL. … Continue reading
“Your vote really, really, really counts — a lot. You can consider me as an exhibit A of that group. Now, for those of you who are younger than 25, you might not remember the election of 2000 and what … Continue reading
Via CNN: But electoral politics have long been off-limits for sitting judges, including justices. They are expected to refrain from telling us their opinions — in part because they are expected to be above such considerations but also because they … Continue reading
Michael Kang and Joanna Shepherd have posted this draft on SSRN (forthcoming, Stanford Law Review). Here is the abstract: Bush v. Gore decided the 2000 presidential election and is still the most dramatic election case of our lifetime, but cases … Continue reading
Retro Report/NYT on Bush v. Gore and the rise of the voting wars. … Continue reading
Ned Foley at HNN. … Continue reading
NYT: Mr. Cruz, now a Texas senator and a leading contender for the Republican presidential nomination, rarely invokes the 2000 race and recount. He has largely disavowed the comparatively moderate Bush wing of theRepublican Party in pursuit of conservative ideological … Continue reading
Michael Stern at Point of Order. … Continue reading
This looks to be a great event on Dec. 17 (RSVP): The Leadership Conference on Civil and Human Rights and The NAACP Voter Fund present The 2000 Election: Lessons Learned and the Road Ahead for Voting in America 8:30 – … Continue reading
Yesterday I participated in a panel sponsored by ACS regarding the 15th anniversary of Bush v. Gore, with Judith Browne Davis, Curt Levey, and Pam Karlan. Joan Biskupic moderated. It was a great substantive panel with a standing room only … Continue reading
Oped. … Continue reading
[Bumping to the top with news that Curt Levey is joining the panel.] Really looking forward to this event on December 15: Bush v. Gore Fifteen Years Later: The Supreme Court and American Democracy Tuesday, December 15, 2015 12:00 … Continue reading
I have written this post for the ACS Blog: Almost from the moment in December 2000 that the Supreme Court decided its controversial opinion in Bush v. Gore ending the recount in Florida, there has been great debate about whether … Continue reading
Jamie Raskin has written this LA Times oped: Fifteen years after Bush vs. Gore, 15 years after the Supreme Court intervened in a presidential election, a single sentence in the majority opinion remains one of the great constitutional brainteasers in … Continue reading
CNN photo gallery. Saturday is the 15th anniversary of the case. … Continue reading
@UCILaw Dean Erwin Chemerinsky has this post @ACSBlog. … Continue reading
Saturday marks the 15th anniversary of Bush v. Gore, the 2000 case which settled the disputed election in Florida between Republican George W. Bush and Democrat Al Gore. I have this oped in the Orlando Sentinel reflecting on what’s changed (and … Continue reading
I have written this oped for the Orlando Sentinel. It begins: This is month marks the 15th anniversary of the U.S. Supreme Court’s 2000 decision in Bush v. Gore, which ended a recount of ballots in Florida, and assured the election … Continue reading
CNN reports, in connection with a show tonight: CNN Chief Political Analyst Gloria Borger revisits the 2000 election in a CNN Special Report, “Bush v. Gore: The Endless Election,” Monday at 9 p.m. ET. … Continue reading
Bob Egelko on a Q&A at Santa Clara: Bush vs. Gore, the ruling that decided the 2000 presidential election and put George W. Bush in the White House, was not a close case or an example of judicial overreaching. “We … Continue reading
NYT: But as the fall campaign unfolds, voters in states like New Hampshire and Iowa have been left largely in the dark about who is putting the most money behind Mr. Rubio. Of all the television advertisements aired in support … Continue reading
Interview with Nina Totenberg: Supreme Court Justice Ruth Bader Ginsburg on Thursday provided an unusual peek behind-the-scenes at how the court did its work this term. It’s true, she said, that the liberal justices tried to be disciplined about having … Continue reading
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
Mike Sacks reports for BLT. … Continue reading
Today is the 14th anniversary of the decision marking the end of the 2000 election controversy. On the decision’s 10th anniversary, I posted a series of reflections on the case. You can find that and more at my Bush v. … Continue reading
NYT: Hanging chads would be counted no more. … Continue reading
Read. … Continue reading
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
NMissCommentor explains. … Continue reading
Tony Mauro on the Justice Stevens testimony controversy. … Continue reading
In this must-read Jess Bravin piece, there’s this: The importance of “one dissent instead of four” was driven home by Bush v. Gore, she said, when the court moved quickly in December 2000 to accept, hear and decide the suit … Continue reading
Doesn’t look like much interesting in these sets of documents released today: 2006-0221-F – 2000 Presidential Election Vote Count in Florida 2006-0226-F – Vice President Gore’s 2000 Presidential Campaign … Continue reading
WaPo reports. … Continue reading
You can download it here. The entire George Washington Law Review symposium issue in which this article will appear should post in the next few days. Here is the abstract for my piece: In 2000, some scholars predicted the Supreme … Continue reading
Here, at Pacific Standard. … Continue reading
Fascinating interview also touching on electing judges (“dreadful”) and Congress reacting to Citizens United (“So if the Court makes a mistake of constitutional dimension, short of amending the Constitution is only the Court to correct its own errors, and that’s … Continue reading
Credit Derek Muller for first noting the Supreme Court’s first citation of Bush v. Gore in today’s Arizona voting decision. … Continue reading
Josh Blackman notes this line in a footnote in Justice Thomas’s dissent: “This Court has recognized, however, that “the state legislature’s power to select the manner for appointing [presidential] electors is plenary; it may, if it chooses, select the electors … Continue reading
Salon reports (via How Appealing). … Continue reading
Bauer on Briffault on coordination: Maybe the issue is indeed one of appearances, but appearances, the “look” of things, can’t carry the work of revising the standard of constitutionally protected “independence.” Professor Briffault sets as his goal the higher ambition … Continue reading
Megan McArdle blogs. She’s right. I cover this issue in Chapter 1 of The Voting Wars. … Continue reading
Jeffrey Toobin blogs. … Continue reading
Jost on Justice. … Continue reading
Listen. … Continue reading