July 05, 2005Bauer on O'Connor and Election LawResponding to my recent commentary for the New Republic Online, "Rock the Vote: O'Connor and Election Law," Bob Bauer writes: "For those who are troubled by the Court’s power, and even more by the manner in which, in recent years, it has been willing to exercise it, an 'inscrutable opinion' is hardly more than a judicial decree. The acceptability of decision-by-decree will depend entirely on whether we are happy with the outcome of the particular case—with where the Justice’s sense of Justice happened to take her." |