Oped. … Continue reading
Category Archives: Bush v. Gore reflections
[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
Lyle Denniston reflects. … Continue reading
Linda Greenhouse on the Justice O’Connor BvG comments. … Continue reading
Emily Bazelon muses on Justice O’Connor’s Bush v. Gore regrets. … Continue reading
Linda Hirshman writes for TNR. … Continue reading
Here. My favorite: “She should give herself a break. I mean, who hasn’t made a mistake when adjudicating a landmark case?” … Continue reading
“When the Supreme Court first got involved I was shocked because Bush’s petition was moot. He had been certified the winner. I thought the justices would simply abate their action, and I was surprised they did not.” —Former Florida Supreme … Continue reading
TPM reports. … Continue reading
Here. … Continue reading
Chicago Tribune: Looking back, O’Connor said, she isn’t sure the high court should have taken the case. “It took the case and decided it at a time when it was still a big election issue,” O’Connor said during a talk … Continue reading
I just received my advanced copy of former Florida Chief Justice Charley Wells memoir of the 2000 Florida controversy. I blurbed this book and enjoyed it very much. The one thing that’s missing—by design–is any description of the Court’s internal … Continue reading
At least the case may have precedential value at a high court somewhere! … Continue reading
Sam Issacharoff and Rick Pildes have posted this draft on SSRN (forthcoming: Michael Alvarez and Bernard Grofman (eds), Election Administration in the United States: The State of Reform After Bush v. Gore, Cambridge University Press). Here is the abstract: This … Continue reading
I have posted this draft on SSRN (part of the George Washington Law Review symposium on election law). Here is the abstract: In 2000, some scholars predicted the Supreme Court’s controversial equal protection holding in Bush v. Gore that the … Continue reading
Justice Scalia: Get Over It. Scalia on BvG: “The remedy for the case is always in the court’s discretion.” … Continue reading
Enough to turn your stomach if you are old enough to remember 2000. … Continue reading
This is the Obama campaign’s version of Samuel L. Jackson’s WTFU ad. … Continue reading