As to the same justices that honor federalism and state sovereignty in the 11th amendment-type cases being the same justices that created the equal protection override of state elections in Bush v. Gore, that seems at least an irony. It is, of course, one of the principal reasons for criticizing Bush v. Gore as being ultra vires for the Court to have done. The ninth circuit panel decision potentially puts the question back with the Supreme Court.
- Queries re: En Banc review, Deference, State ... Robert Sheridan
- Michael Zimmer
