Raznor's Rants

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Wednesday, May 17, 2006

I've been meaning to post this for a bit
Posted by Raznor

Over at Lawyers, Guns and Money, Scott Lemieux has an excellent post on pretending Bush v Gore is Constitutional Law, and how the most partisan Supreme Court decision ever may have the unforeseen effect of helping defend voting rights for millions:

The Supreme Court has announced that there is a fundamental right not to have one's vote diluted, a right clearly violated by Ohio's 2000 election procedures, as well as those of all states that allow some individuals to have their votes diluted by less reliable voting machines or arbitrary recount procedures. Whether or not this decision was right in the first instance, lower courts should apply the principle. There is no reason, conversely, to be bound by the B. v. G 5's lawless "minimalist" dictum that "[o]ur consideration is limited to the present circumstances, for the problem of equal protection in election processes generally presents many complexities"; it is the responsibility of lower courts to sort through these complexities, and faithfully apply the precedent to cases in which there is vote dilution inherent in state election procedures. The rule of law demands no less. To paraphrase Michael McConnell, is the bottom of the slippery slope so bad? Reforming the country's egregiously irrational electoral system would certainly be a good outcome.

Read the rest.


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