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Free States Or Red States: The Supreme Court's Role In Recent Election Law Disputes, Jeremy R. Paul

Jeremy R. Paul

Professor Gardner's wide-ranging essay, Forcing States to be Free: the Emerging Constitutional Guarantee of Radical Democracy is in the best tradition of American legal scholarship. Gardner finds a common narrative in recent U.S. Supreme Court decisions involving the seemingly disparate doctrinal areas of free speech law, equal protection constraints on voting district lines, and election law. He then proceeds to criticize the Court's embarrassing performance in Bush v. Palm Beach County Canvassing Board, and its follow-up Bush v. Gore, not as a sui generis effort to manipulate political outcomes, but instead as a part of the mistaken trend he has …