Does Brett Kavanaugh Agree With <em>Bush v. Gore</em>?
If he does, he can’t be trusted to distinguish between partisan demand and legal principle.
On November 22, 2000, while George W. Bush’s and Al Gore’s lawyers battled over disputed votes in Florida courts, three of Justice Ruth Bader Ginsburg’s four law clerks went home for Thanksgiving. I was one of them. Two days later, when her Court took the case, we were still at home. The decision stunned us.
The disputed 2000 election was a national trauma. Its conclusion, the ruling, is a repressed memory. The decision declared its reasoning “limited to the present circumstances,” and the justices have been good to their word. Election cases come and go, but
