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Unformatted text preview: April 18, 2011 A-Bush v Gore and Roe v Wade 1- Is this opinion consistent with the judge’s views? 2- Is the opinion against precedent? 3- Is the decision expected? 4- Is the decision lacking in support? B- Bush v Gore – How does it look on partisanship measure? 1- Does manual recount violate the Equal Protection Clause of the Constitution because it counts votes differently across counties? a. Court agreed with Bush. recount violated Equal Protection b. “this is not a case to be used for future precedent” 2- 5-4 decision, all five in majority were appointed by Republicans (two dissenters as well) 3- NO precedent for Equal Protection claim; court deference to states a. SC has never overturned a State Supreme Court decision on equal protection grounds that did not involve clear claims of racial discrimination b. General SC view on state voting has been deferential—generally low scrutiny 4- Scalia, O’Connor, Rehnquist, Thomas (4 of 5) judicial philosophies of restraint against...
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This note was uploaded on 02/06/2012 for the course POLISCI 106 taught by Professor Levine during the Fall '07 term at Rutgers.
- Fall '07