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"I believe that what can be achieved on Jan. 6 is not simply to keep Biden below 270 electoral votes. It seems feasible that the vote count can be conducted so that at no point will Trump be behind in the electoral vote count..."

9 Aug 2023, 7:01 am

Tribe asserts that his argument was specific to the Florida law at play in Bush v. [read post]

Althouse - https://althouse.blogspot.com

Anatomy of a Fraud: Kenneth Chesebro’s Misrepresentation of My Scholarship in His Efforts to Overturn the 2020 Presidential Election

8 Aug 2023, 2:01 pm by Laurence H. Tribe

Special Counsel Jack Smith has concluded that he can prove, beyond a reasonable doubt, that several private lawyers acted as co-conspirators in former President Donald Trump’s criminal effort to overturn the legitimate results of the 2020 presidential election. [read post]

Just Security - https://www.justsecurity.org/

The Speech-as-Conduct Theory: A Response on the Second Trump Indictment

7 Aug 2023, 3:46 am by jonathanturley

Bush may have recognized that Gore won Florida but still litigated whether some of his votes could be counted or challenged. [read post]

Jonathan Turley - https://jonathanturley.org/

Huzzah for the Court in Moore v. Harper

4 Jul 2023, 9:02 pm by Vikram David Amar

Gore. [read post]

Verdict - http://verdict.justia.com/

[Josh Blackman] Making Sense Of The Votes In Mallory v. Norfolk Southern Railway Co.

3 Jul 2023, 2:35 pm by Josh Blackman

Gore. [read post]

The Volokh Conspiracy - http://www.volokh.com/

The Year of "To be Continued" at the Supreme Court

3 Jul 2023, 4:00 am by Eric Segall

But two things are clear: 1) the Court's explicit approval of Bush v. [read post]

Dorf on Law - http://www.dorfonlaw.org/

“To tackle major elections case, Supreme Court dusted off Bush v. Gore; The ruling used to decide the 2000 election resurfaced in a major decision this week”

28 Jun 2023, 6:30 pm by Howard Bashman

“To tackle major elections case, Supreme Court dusted off Bush v. [read post]

How Appealing - http://howappealing.abovethelaw.com

[Ilya Somin] Steve Calabresi on Moore v. Harper

28 Jun 2023, 5:34 pm by Ilya Somin

Cf Bush v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

"The decision merely says that 'state courts do not have free rein' and that they may not 'transgress the ordinary bounds of judicial review...'"

28 Jun 2023, 5:08 am

ADDED: Pildes declines to mention Bush v. [read post]

Althouse - https://althouse.blogspot.com

The Supreme Court’s Elections Muddle - WSJ

27 Jun 2023, 6:18 pm by Tom Smith

He favors Chief Justice William Rehnquist’s standard in Bush v. [read post]

The Right Coast - https://rightcoast.typepad.com/rightcoast/

Trump is the Biggest Loser in Moore v. Harper

27 Jun 2023, 9:34 am by Michael C. Dorf

As the Moore majority observed, in Bush v. [read post]

Dorf on Law - http://www.dorfonlaw.org/

Supreme Court rules against North Carolina Republicans over election law theory

27 Jun 2023, 9:01 am by Amy Howe

Kavanaugh indicated that he would adopt the “straightforward” test outlined by Rehnquist in Bush v. [read post]

SCOTUSblog - http://www.scotusblog.com/

Moore v. Harper vindicates Rehnquist’s opinion in Bush v. Gore

27 Jun 2023, 8:46 am by Derek Muller

Harper vindicates Rehnquist’s opinion in Bush v. [read post]

Election Law - http://electionlawblog.org/

The Twisted History Of An “Original” Concept

16 Jun 2023, 6:30 am by Guest Blogger

The book points out that neither the Federalist nor other early commentaries used the word “interposition” and that the term did not even surface in state protests against Chisholm v. [read post]

Balkinization - http://balkin.blogspot.com/

65 Reasons Why The Supreme Court is Terrible, Has Always Been Terrible, and Needs to be Reformed

31 May 2023, 4:00 am by Eric Segall

Bush v. [read post]

Dorf on Law - http://www.dorfonlaw.org/

Justice Stevens (or Someone Else) Drafted a Proposed Remand Order in Bush v. Gore That Would Have Kept the Chances for a Recount Alive

30 May 2023, 7:39 am by Rick Hasen

Joan Biskupic and Derek Muller have covered the most important news I saw in Justice Stevens’ Bush v. [read post]

Election Law - http://electionlawblog.org/

“The Curious Failure to Cite to Rehnquist’s Bush v. Gore Concurrence and the Independent State Legislature Theory in 2004 Salazar Case; The Issue Was Clear to Justice Stevens’ Then-Clerk (and Now-CA Supreme Court Justice) Leondra Kruger”

25 May 2023, 6:44 pm by Howard Bashman

“The Curious Failure to Cite to Rehnquist’s Bush v. [read post]