Jason C. Glahn has posted Bush v. Gore From Behind a Veil of Ignorance: Why Election 2000 was Ethical (and Legal Too) on SSRN (forthcoming, Georgetown Journal of Law and Public Policy. Here is the abstract:

In this article, I defend the result of Election 2000 by arguing that Article II and the Fourteenth Amendment operate as “veil rules” and should be interpreted to prevent alterations in the standard for a legal vote after the fact. Because a uniform standard for vote counting is required, I argue that only the machine recounts initially mandated by Florida law were a permissible way to resolve the election. The nature of veil of ignorance rules within constitutional jurisprudence and their usefulness in upholding the rule of law is also investigated in some detail.

The posted draft is a good reminder for those using Microsoft Word to be sure to “accept all changes” when tracking changes before converting a document to pdf.