The decision gave voters a win today, but it sets up a Supreme Court power grab down the line. rickhasen breaks down the court's ruling in Moore v. Harper.
good news. In the last part of his majority opinion for the court, the chief justice got the liberal justices to sign onto a version of judicial review that is going to give the federal courts, and especially the Supreme Court itself, the last word in election disputes. The court held that “state courts may not transgress the ordinary bounds of judicial review such that they arrogate to themselves the power vested in state legislatures to regulate federal elections.
At the time, Bush was ahead by only hundreds of votes out of millions cast.After the Florida court ordered the recount, Bush appealed to the U.S. Supreme Court. A majority held that the recount ordered by the Florida court violated the Equal Protection Clause because there was no guarantee that uniform standards were used or could be used to conduct it.
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