As the general counsel of Al Gore’s 2000 recount effort in Florida, I’m often asked this question about the Senate and gubernatorial recounts now going on there: Why does “this” keep happening in Florida?
Part of what… Continue reading
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
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
I have written this blog post
over at the Harvard Law Review blog. It begins:
, and waiting
, and waiting
, the United States Supreme Court finally answered the question whether it would heed Pennsylvania Republicans’ calls… Continue reading
“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).
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
“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
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
on Bush v. Gore and the rise of the voting wars.