Why did Justice O’Connor abandon her own Article II argument in Bush v. Gore?

Yesterday, I looked at the draft memorandum Justice Sandra Day O’Connor circulated on December 10, 2000, ahead of the December 11 oral argument in Bush v. Gore. Her memorandum focused on Article II. By December 12, however, the per curiam … Continue reading Why did Justice O’Connor abandon her own Article II argument in Bush v. Gore?