Hallo, FairVote always argued that Brown vs. Smallwood declared Bucklin unconstitutional because of its violation of later-no-harm. FairVote always claimed that, therefore, also Condorcet methods were unconstitutional.
However, the memorandum of the district court doesn't agree to this interpretation of Brown vs. Smallwood. This means that this memorandum is a progress at least in so far as FairVote cannot use Brown vs. Smallwood anymore as an argument against Condorcet methods. Markus Schulze ---- Election-Methods mailing list - see http://electorama.com/em for list info