Commentary: The ominous return of Bush v. Gore
by Harry Litman, Los Angeles Times
Nov 02, 2020
3 minutes
These are the most foreboding words seen for some time in a Supreme Court opinion: "As Chief Justice Rehnquist persuasively explained in Bush v. Gore ..."
The phrase, which appeared last week in a concurrence written by Justice Brett Kavanaugh, sounds like grinding gears to anyone who thinks the election-deciding fiat in Bush v. Gore was a terrible stain on the court's credibility.
Which is to say, just about everyone in the legal profession.
It also portends a nightmare scenario: a repeat
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