Wednesday, April 02, 2003

BvG IS DEAD, LONG LIVE BvG!

Read Rick Hasen's thoughts on Monday's Supreme Court decision in the Mississippi redistricting case, Branch v. Smith. The point that he calls attention to is the absence of Bush v. Gore in the Supreme Court's decision despite its presence in the federal court ruling that the SC affirmed. Hasen argues that the relevant argument in Bush v. Gore (that the state court unconstitutionally intruded on the state legislature's prerogatives) has proven unavailable for election lawyers so far, but that they will certainly keep trying.