I have posted this draft on SSRN (forthcoming, St. Louis University Law Review symposium on teaching election law). Here is the abstract:
This short essay, part of a symposium in the St. Louis University Law Review on teaching election law, examines what it means to teach the Supreme Court’s opinion in Bush v. Gore to students who did not experience the 2000 Florida controversy as adults. It offers three approaches to teaching Bush v. Gore as history: (1) The Florida debacle as Rashomon; (2) Bush v. Gore and Equal Protection Law in the Supreme Court; and (3) Bush v. Gore as the Beginning of History.
This is still a draft very much in progress. Comments welcome!