Lemonade from Lemons: Can Advocates Convert Bush v. Gore into a Vehicle for Reform?

Abstract

In this Article, Steven Mulroy reviews the litigation challenging outmoded voting machine systems under the Equal Protection Clause, using the language in the Supreme Court’s Bush v. Gore decision requiring equal weight given to equal votes in various parts of a state. He examines whether Bush v. Gore actually applies to the factual situations presented by these cases, or whether it is more properly limited very narrowly by its facts. Assuming that it applies, he explores whether plaintiffs need to prove discriminatory intent, and what the proper constitutional standard of review should be.