Foley on O’Connor and Election Law

See here. A taste: “As has been widely noted over the last few days, Justice O’Connor’s approach to deciding cases was characterized by razor-thin rulings that turned on the specific facts at hand. While this pragmatic, incremental approach may serve the nation well in other areas of law (notably abortion and affirmative action), it is quite problematic in the area of election law. In this field particularly, it is important that the outcome of a case be perceived as unaffected by which political party benefits from the outcome, and that appearance of impartiality is difficult to achieve when the outcome is so heavily fact-dependent.”

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