Republicans have gone to federal court to make it easier for them to challenge the ballots of nearly 29,000 Pittsburgh-area voters who were caught up in ballot-sending flub in recent weeks.
I don’t know the make-up of the Allegheny County voters, but won’t it be so delish if these two candidates challenge their Republican voter’s ballots over Democratic voter’s ballots?
Bush v. Gore had a clause in the holding that said this:
[> “Our consideration is limited to the present circumstances, for the problem of equal protection in election processes generally presents many complexities.”[60]
Legal TPMers, was this suggesting that the decision not be used to determine precedent?
“I don’t think it’s in everyone’s best interest to have a bunch of Election Day lawsuits over these ballots when there hopefully could be some agreement on the procedures that will be implemented,” he (judge ranjan) said.
Um, judge, I hope you said that because you had to, otherwise I’m going to have to “oh my sweet country mouse” your ass.
One note: this judge was appointed by morBotus, but he did a few weeks ago effectively toss the GOP’s PA election fraud suit by ordering them to produce evidence of such fraud or aver that they had none.
That line has spawned a great deal of commentary, to say the least.
The most charitable interpretation is indeed what you suggest - that the decision cannot be cited as binding precedent in future disputes. A quick search on Lexis Nexus shows about 500 citations to Bush v. Gore, so… you can decide for yourself how well that worked for them.
More cynically, that line was viewed by many commentators as an admission by the Republican appointed majority that the decision was poorly considered and politically motivated, and they wanted an out in case it came back to bite them.
I’ll let you pick the interpretation which you prefer.