Wednesday, March 18, 2009

Bush v. Gore Redux in Coleman v. Franken?

The Minnesota recount litigation goes on and on - - - more than four and a half months after the election, the Senate race between Franken and Coleman is still not finalized. 

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An insightful piece on Slate by Richard Hasen ponders the relevance of Bush v. Gore.  As Hasen notes, the Court sought to limit Bush v. Gore to the particulars of 2000, the Court has not relied upon it, and appellate courts have not developed it. 

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Nevertheless, the opinion is cited and is obviously still "in the books," not to mention on the internet. 

Hasen's brief piece is well worth reading, if only for this great closing:

In the end, Coleman doesn't have a strong equal-protection argument. Then again, most of us thought George W. Bush didn't, either.

RR

http://lawprofessors.typepad.com/conlaw/2009/03/bush-v-gore-redux-in-coleman-v-franken.html

Elections and Voting, Equal Protection, News, Weblogs | Permalink

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