If you could change 4 Supreme Court cases what would you change (user search)
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  If you could change 4 Supreme Court cases what would you change (search mode)
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Author Topic: If you could change 4 Supreme Court cases what would you change  (Read 29744 times)
Antonio the Sixth
Antonio V
Atlas Institution
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Posts: 58,360
United States


Political Matrix
E: -7.87, S: -3.83

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« on: June 28, 2015, 04:32:27 AM »

Counting only those whose precedent is still held as valid to this day (so no Dred Scott).

1. Buckley v. Valeo (the FECA should have been upheld in full, and campaign donations not held to represent speech)
2. Bush v. Gore (recounts were not only permissible, but mandatory and no election, federal or national, can be certified without a full and unmistakable count of all votes)
3. Wisconsin v. Yoder (States may require the schooling of any children under 18)
4. NFIB v. Sebelius (the Medicaid expansion is upheld unconditionally)
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Antonio the Sixth
Antonio V
Atlas Institution
*****
Posts: 58,360
United States


Political Matrix
E: -7.87, S: -3.83

P P
« Reply #1 on: July 10, 2015, 12:21:11 PM »

Even though it decided an election i don't see why many would want to use Bush v. Gore as one of the 4 seeing as it isn't being used as precedent and nobody knows if Gore would have won the recount

If the recount had been allowed to continue, it wouldn't have cast a pall over the whole process. I think there's a credible argument to be made that Bush v. Gore, while not being used as precedent, helped to contribute materially to cynicism over our election processes.
But the same could have been said had the decision been flipped and gore won after endless recounts

In the sense that at least one recount would have increased the fidelity of the results, no you couldn't.
Maybe if Gore had asked for a statewide recount instead of selective recounts in counties where he thought it would help him, it would increased the perceived fidelity of the results. Both sides contributed to electoral cynicism in 2000.

The SCOTUS was free to order a statewide recount, if it saw fit. The SC's rulings have never been constrained by what the parts were pleading for.
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