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Bush v. Gore: Full Employment Legislation for Election Lawyers

Bush v. Gore, the Supreme Court decision that resolved the impasse in the 2000 presidential elections, is one of the High Court's most controversial and polarizing decisions. But for election lawyers the decision has paved the way for full employment, at least around election time.

As The Associated Press reports, with a presidential election fast approaching, both the Democratic and Republican parties are mobilizing their legal teams nationwide. After the Florida recount caught the parties off guard, both parties have assembled legions of election law experts with experience litigating this sometimes obscure area of the law.

According to Richard Hasen, a professor at Loyola Law School and author of the Election Law Blog, prior to 2000, only 96 election lawsuits were filed annually. That number has jumped to an average of 230 cases per year, with the most filed regarding the 2004 election. And the lawsuits aren't improving voter confidence either -- as people ultimately prefer decisions to be made at the polls, rather than at the courts. 

The AP article focuses largely on Florida and Ohio, the last major election battlegrounds in the 2000 and 2004 elections.  With 2008 shaping up as another too-close-to-call election, what's your prediction for the states most likely to enrich election lawyers this time around?

Posted by Carolyn Elefant on September 9, 2008 at 02:01 PM | Permalink | Comments (0)


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