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- Title
THE EQUAL CHANCE TO HAVE ONE'S VOTE COUNT.
- Authors
Sunstein, Cass R.
- Abstract
In this article, the author discusses whether the U.S. Supreme Court's decision in the case Bush v. Gore, about the presidential elections of 2000, suggests a constitutional right to the equal chance to have one's vote counted. The author explains that the Court's decision might suggest a still broader constitutionally right, involving an equal chance in the context of many constitutionally protected interests. He highlights issues related to equality in voting and on minimalism as an approach to opinion-writing. Constitutional doctrine provides a range of protections for the right to vote. There are, however, numerous disparities in the treatment of both voters and ballots and so that existing doctrine fails to exhaust the possible content of an equality principle in the context of voting. The author believes that in this case, the Court was correct to see that the constitutional right to an equal chance to have one's vote count raises serious questions about a standard-free recount. But the Court was wrong to have a narrow focus on the problems introduced by the standardless recount, without seeing that similar problems of inequality existed under the certified vote, and could be cured by a standard-governed recount.
- Subjects
UNITED States; SUFFRAGE; EQUALITY; LEGAL judgments; UNITED States presidential elections; UNITED States. Supreme Court; CIVIL rights; BUSH v. Gore; VOTING; POLITICAL participation
- Publication
Law & Philosophy, 2002, Vol 21, Issue 2, p121
- ISSN
0167-5249
- Publication type
Article
- DOI
10.2307/3505127