Monday, November 29, 2010
Ten years ago, we were still waiting for a resolution of the Presidential election as November closed. Jeffrey Toobin has a brief piece in The New Yorker accompanied by a live chat this afternoon, transcript here.
Toobin correctly notes that in the last ten years, "the Justices have provided a verdict of sorts on Bush v. Gore by the number of times they have cited it: zero." Yet while that may be the "verdict" of the Supreme Court, litigants and courts have not been shy about relying on the case, as the continuing controversy over the Alaska Senate race demonstrates.
[UPDATE: A discussion of some other opinions on Bush v. Gore].