Lemons from Lemonade?

After Ethan Leib over on Prawfsblawg graciously recommended my draft on The Untimely Death of Bush v. Gore, Orin Kerr and I have been discussing in the comments to that post the question posed by Orin: “When was the promise of election reform inspired by [Bush v. Gore] case ever alive?” After Ethan pointed out some of the scholarly commentary making a lemonade argument, Orin responded: “Whether law professors are keen on something seems quite different from whether it was ever a realistic possibility.”

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