OK, my hedder is a stretch.
But in its weekly bulletin of news and views true Republican Jews can use, the Republican Jewish Coalition links to a Wall Street Journal op-ed by Michael Stokes Paulsen arguing that last month’s Minnesota senate recount declaring Al Franken the winner was unconstitutional.
Here’s part of the RJC grab from the Journal:
What is the remedy? Unlike Bush v. Gore, there is no looming national deadline. Minnesota can take its time and do things right.
"Do things right?"
Sure enough, Paulsen makes the case that the conservative justices who determined U.S. Supreme Court decision were, well, hypocrites:
Bush v. Gore is rightly regarded as controversial — but not because of its holding regarding the Equal Protection Clause, which commanded broad agreement among the justices. The controversy arose because of the remedy the Court chose for Florida’s violation, which was to end the recount entirely. The majority thought that time was up under Florida law requiring that its results be submitted in time to be included in the Electoral College count. That aspect of Bush v. Gore commanded only five votes. Two justices thought Florida should get more time and another chance.
The problem with the remedy was that it arguably violated the same principle that led the Court to invalidate the recount: the need to treat all votes equally.
Paulsen’s argument is that the variance in treatments of disputes from various counties violates voters’ equal protection rights. Fair enough – and unremarkable from a law professor at the University of St. Thomas in Minneapolis.
But is the RJC climbing aboard? If it is, this qualifies for an entry under "now they tell us."
One quibble: Paulsen insists that Bush. v. Gore controls in this case. But didn’t the justices say their ruling was sui generis?
Our consideration is limited to the present circumstances, for the problem of equal protection in election processes generally presents many complexities.
They did, but apparently, it doesn’t matter – Paulsen’s right, according to this New York Times article. Bush. v. Gore is now the law of the land.