The New Republic Online: Rematch

[chipotle]

From The New Republic:

Every contested election in the country is now vulnerable to being resolved by [the United States Supreme Court]. And the fact that they attempted in Bush v. Gore to deny the obvious implications of their intrusion into the political process only makes their intervention more reckless. Did they really believe they could create a right to political equality without defining it, in an age when society disagrees so vigorously about what equality requires? Did they imagine for a moment that Democrats and Republicans would meekly tug their forelocks rather than use electoral litigation as a partisan tool? And did they think that courts could presume to recast themselves as election supervisors without calling their own impartiality into question?

Regardless of whether or not you agree with Bush v. Gore this is an important--and disturbing--article. Author Jeffrey Rosen argues persuasively that it wasn't the "one-of-a-kind case" that the justices portrayed it as when it was decided. It's already been invoked in elections by both Republicans and Democrats alike, and both the Bush and Kerry campaigns have made preparations for legal battles over it already this time.

(You can use "dailykos" as both username and password for the TNR's annoying registration system if you don't have an account.)

Comments

[mordrul.livejournal.com]

Supreme Court justices have been creating law in their own image for many years now. And while various people do complain, nothing's ever been done about it. I disagree with that particular ruling, but then I think the entire election that year was one big farce to begin with, so what's one more custard pie in the face of the people? And yeah, it might happen again this year, but honestly, my opinion is going to be basically, "so what?" The American people as a whole didn't bother doing anything about it last time, so they can hardly complain when it happens again.

You know, while I normally vote Constitution party, I'm exceedingly tempted to vote for Groucho Marx this year. I just can't shake the feeling that if he were president, it would be conducted MUCH more seriously.

[koogrr.livejournal.com]

Password helped, thanks

No disagreement. Hopefully the Cuban election monitors will help the US have a fair and democratic election.