Here’s my latest piece at Slate. It begins:
- If you were a litigation-minded Clinton or Obama supporter, what might you be plotting? Bush v. Gore aside, the courts aren’t prone to poking their noses into internal party politics, even when they get as messy and troubling as the Texas caucuses. Still, some lawyer somewhere will inevitably think about turning to the judiciary to resolve the tight race for the Democratic presidential nomination or, at least, to limit some campaign tactics that could affect the outcome. There is no reason to think that judges are better situated than voters or party leaders to decide who should face John McCain in November. But here are the three most likely legal claims, along with why they probably won’t–and shouldn’t–succeed.