Election Law at the High Court: Big Cases Leave Little Footprints

How can a Supreme Court decision be momentous if it defers to the future the really important questions? Professor Edward B. Foley says this paradox describes the Court's recent election law trilogy. He argues that the rulings are significant precisely because they are so limited, as they reveal the Court's indecisiveness concerning the constitutional law of democracy. Meanwhile, a surge in vote-counting challenges -- Bush v. Gore copycat cases -- may return that issue to the high court's doorstep.

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