Tag Archives: US Supreme Court

How Bush v Gore can Haunt 2012 — a Postscript

At least one paragraph from my blog series over the past three days is relevant today: First, if the 2012 election is NOT extremely close, then Bush v Gore just will not matter.  So what if 500, or 5000, or even 50,000 … Continue reading


Posted in Steve's Blog | Tagged , , , , | Leave a comment

How Bush v Gore from 2000 can Haunt 2012 — Part 4B

[The conclusion of Part 4] 3.  New York — The issues here are rich and arise from the natural disaster suffered last week when Hurricane Sandy hit the mid-Atlantic states.  To some extent, they repeat but also exacerbate the problems … Continue reading


Posted in Steve's Blog | Tagged , , , , , , , , , , , , , , , , , , , | Leave a comment

How Bush v Gore from 2000 can Haunt 2012 — Part 4A

In Parts 1 through 3 of this bog, we examined what Bush v Gore actually said. In this Part 4, we examine how the holding — the dictum — and the analysis in Bush v Gore, and the continuity in … Continue reading


Posted in Steve's Blog | Tagged , , , , , , , , , , , , , , , , , , , | Leave a comment

How Bush v Gore from 2000 can Haunt 2012 — the Dissent — Part 3

In Part 1 of this series, I looked at the per curiam opinion in Bush v Gore, and how the Equal Protection argument, advanced and prevailed on by Bush, persuaded the US Supreme Court to, in effect, decide the outcome … Continue reading


Posted in Steve's Blog | Tagged , , , , , , , | Leave a comment

How Bush v Gore from 2000 can Haunt 2012 — the “Other Question” — Part 2

In Part 1 of this blog series, I explained: “As the court announced at the beginning of its written opinion, Bush (R) asked (1) whether the Florida Supreme Court’s order for a statewide manual recount of ballots created “new standards … Continue reading


Posted in Steve's Blog | Tagged , , , , , , , , | Leave a comment

How Bush v Gore from 2000 can Haunt 2012 — the “Equal Protection” Standard — Part 1

In 2000 the US confronted its closest Presidential election since 1876, and the outcome was in doubt for a month — until Gore (D) withdrew from the contested race after the US Supreme Court, in the infamous Bush v Gore … Continue reading


Posted in Steve's Blog | Tagged , , , | Leave a comment

US Supreme Court Blinks — One Last Thought Today

Actually, two last thoughts on today’s Obamacare decision by the Supreme Court. First, this is “Steve’s Blog,” which I must point out, because my law partner (and real partner spouse) doesn’t always share my opinions on matters legal or otherwise, … Continue reading


Posted in Steve's Blog | Tagged , , , , , | Leave a comment

US Supreme Court Blinks — An Additional Thought

A number of early commentators, some of whom have read the Supreme Court health care decision carefully, are focusing on the Chief Justice, both as the key vote and the author of the majority opinion. And there seems to be … Continue reading


Posted in Steve's Blog | Tagged , , | Leave a comment

US Supreme Court Blinks

Supreme Court gets it right — at first — and then, as in Bush v Gore, blinks. The essence of the individual mandate — the basis for the individual mandate — the statutory underpinning for the individual mandate — AND … Continue reading


Posted in Steve's Blog | Tagged , , , | Leave a comment