Thursday, October 29, 2020

SCOTUS and the State Courts in Election Cases

Jason Mazzone

Following up on my earlier joint post today on the election cases (and now writing by myself), I want to flag the compelling essay Akhil Amar, Vik Amar and Neil Katyal published yesterday in The New York Times under the title "The Supreme Court Should Not Muck Around in State Election Laws." The essay carefully draws some important lines between federal courts and federal law on one hand and state courts and state law on the other and concludes: "One Bush v. Gore is enough." Over at National Review, Ed Whalen has a critical response. I reached out to Akhil for a comment. He said (with permission to print): 

Vik and I have been thinking about this specific issue for more than twenty years and Ed has not. Vik and I are scholars on this topic and Ed is not. Vik and I remain confident in our analysis. Readers must judge for themselves, of course, but as we see it, this is an easy case, once the issues are fully analyzed, as Vik shows in his brilliant Justia column (which also cites and hyperlinks to earlier academic writings by each of us, including my 2009 Dunwoody Lecture at the University of Florida on Bush v. Gore).

More on these issues in the coming days.

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