Jeffrey Rosen on Election Law

Chapter 4 of Jeffrey Rosen’s new book, The Most Democratic Branch: How the Courts Serve America (Oxford University Press 2006) is devoted to election law issues. Rosen appears to agree with the position I’ve advanced in my book, The Supreme Court and Election Law: Judging Equality from Baker v. Carr to Bush v. Gore. Rosen writes (page149) at the end of his chapter: “And in the face of social dissensus, courts should resist the temptation to intervene in the political process, reserving their interventions for clearly defined rights of political equality that Congress has unquestionably endorsed, such as the right to speak, petition, organize, and the right not to be denied access to the ballot on the basis of race, gender and national origin.” (See also p. 142 [“As long as there is no social consensus about how much competition is appropriate, the courts would be ill advised to unilaterally impose a contested vision of political fairness on an undecided nation.”].)

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