Thursday, November 15, 2018
By cosmic coincidence (or curse), it is Bush v. Gore that is most instructive in this Florida recount dispute. It is a foundational tenet of our democracy that “[t]he right to vote is protected in more than the initial allocation of the franchise. Equal protection applies as well to the manner of its exercise. Having once granted the right to vote on equal terms, the State may not, by later arbitrary and disparate treatment, value one person’s vote over that of another.” Bush v. Gore, 531 U.S. 98, 104–05 (2000). The Supreme Court emphasized the necessity of a “minimum requirement for nonarbitrary treatment of voters necessary to secure the fundamental right” to vote. Id. at 105.
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