“Symposium: Ginsburg was a champion of voting rights, but mostly in dissent”

I have written this analysis for SCOTUSBlog, part of a symposium on Justice Ginsburg’s jurisprudence. It begins:

During her tenure on the Supreme Court, Justice Ruth Bader Ginsburg unfailingly sided with voters in election cases and viewed the Constitution as giving Congress broad power to protect voting rights. Sitting on a mostly conservative Supreme Court (when it came to these issues) from 1993 to 2020, Ginsburg unsurprisingly wrote more often in dissent than as the author of majority opinions in election cases. I count 14 dissents, six majority opinions and four concurrences — concurrences that proved exceptionally influential.

The most important election case decided while Ginsburg sat on the Supreme Court was Bush v. Gore, the 2000 case ending the state-court-ordered recount of votes in Florida, effectively handing the presidency to Republican George W. Bush over Democrat Al Gore. Ginsburg’s dissent calling for the Florida recount of ballots to continue was one of four dissenting opinions issued in the case; she told Professor Jeffrey Rosen in 2014 that issuing four dissents was a tactical error that “confused the press.” She encouraged dissenters to speak in one voice in future cases….

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