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Supreme Court and Election Law Still Feel the Fallout 25 Years After Bush v. Gore
The 5–4 decision started a long slide in public approval for the court, accentuated by a widening partisan gap.
Election 2026
The 2026 midterms — the year also marking the 250th anniversary of the United States — include elections for every member of the U.S. House of Representatives, one-third of the U.S....
State v. Evans
Washington Supreme Court held that a county's administrative booking process, which involves patting down, handcuffing, and detaining pretrial releasees inside a jail to take their fingerprints and identifying information, violates the state constitution’s protection against intrusions into "private affairs" without authority of law.
Phillips v. State (Formerly Blackmon v. State)
Plaintiffs, including patients who allege they did not receive medically necessary abortion care due to doctors' confusion regarding the scope of the medical necessity exception in the state's abortion ban, challenge that exception as violating state constitutional rights to life and equal protection and as unconstitutionally vague.
Bush v. Gore Introduced a Fringe Theory that Threatened Elections Decades Later
The “independent state legislature theory,” shut down in 2023 by the U.S. Supreme Court, would have robbed state courts of the power to review state laws related to federal elections.
How Originalism Revived an Abortion Ban a Majority of the North Dakota Supreme Court Held Unconstitutional
Although three of the five justices on the court concluded the ban violated state due process rights, a state rule requiring a supermajority to strike down a law means the dissenting opinion controls.
Ferguson v. Department of Transportation
Pennsylvania Supreme Court held that counting prior participation in a diversionary program to resolve a driving-under-the-influence charge as a prior offense prompting a driver's license suspension for a subsequent conviction does not violate substantive due process under the state constitution.
Bailey v. McKintosh County, Webster v. McIntosh County, McIntosh County v. Webster
Georgia Supreme Court reversed a lower court order stopping a special election on a referendum to repeal a county zoning ordinance that could increase home sizes in a historic community of slave descendants, holding the state constitutional clause giving voters that referendum authority extends to zoning ordinances.
Hon. Barbara J. Pariente
Hon. Barbara J. Pariente served on the Florida Supreme Court from 1998 to 2019 and was the chief justice from 2004 to 2006.
Judging Democracy: A Former Justice Reflects on Bush v. Gore 25 Years Later
The legal battles over the 2000 presidential election were the beginning of a cautionary tale reminding us that democracy does not sustain itself.
