Barrett's First Votes Could Throw the Election to Trump | RealClearPolitics

Barrett's First Votes Could Throw the Election to Trump

Barrett's First Votes Could Throw the Election to Trump
(AP Photo/Alex Brandon)

Although George W. Bush prevailed in the Bush v. Gore decision, it’s often forgotten that the Supreme Court declined to affirm his chief legal argument. This claim was so radical, so contrary to basic principles of democracy and federalism, that two conservative justices stepped back from the brink. Instead, the majority fabricated a novel theory to hand Bush the election—then instructed lower courts never to rely on it again.

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