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A Major Ruling on the Meaning of Bush v. Gore

Posted on January 27, 2011, 11:43 pm

The majority opinion of the Sixth Circuit panel in this Ohio provisional ballot case is, in my judgment, the most significant application of Bush v. Gore in the decade since that precedent was decided. The reason is that this new decision contains an extensive analysis of what Bush v. Gore requires with respect to the category of cases for which that precedent is most germane: disputes about how local election officials treated particular ballots as they decided whether or not to count them. Full comment. (Also see Charles Stewart's analysis of Footnote 24 of the Opinion)


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