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The Supreme Court and Election Law

Judging Equality from Baker v. Carr to Bush v. Gore
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In the first comprehensive study of election law since the Supreme Court decided Bush v. Gore, Richard L. Hasen rethinks the Court's role in regulating elections. Drawing on the case files of the Warren, Burger, and Rehnquist courts, Hasen roots the Court's intervention in political process cases to the landmark 1962 case, Baker v. Carr. The case opened the courts to a variety of election law disputes, to the point that the courts now control and direct major aspects of the American electoral process. The Supreme Court does have a crucial role to play in protecting a socially constructed "core" of political equality principles, contends Hasen, but it should leave contested questions of political equality to the political process itself. Under this standard, many of the Court's most important election law cases from Baker to Bush have been wrongly decided.
PrefaceAcknowledgments Introduction: Mighty Platonic Guardians 1 The Supreme Court of Political Equality 2 Judicial Unmanageability and Political Equality 3 Protecting the Core of Political Equality 4 Deferring to Political Branches on Contested Equality Claims 5 Equality, Not Structure Conclusion: Political Equality and a Minimalist Court Appendix 1: Twentieth-Century Election Law Cases Decided by the Supreme Court in a Written Opinion Appendix 2: Justice Goldberg's Proposed Dissent to a Per Curiam Summary Af?rmance in Harper v. Virginia State Board of Elections NotesIndex About the Author
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