It is hard to believe that next month it will be 13 years since the U.S. Supreme Court decided the 2000 presidential election in favor of George W. Bush. Finding a supporter of the decision is about as easy today as finding a supporter of Dred Scott v. Sandford or Plessy v. Ferguson.
With the perspective of time, and without in any way justifying the various rationales of the five justices in the majority, I would like to take a look at what might have happened if, say, Justice Anthony Kennedy had gone the other way.
