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View Diary: Stop saying Republican electoral-vote rigging is constitutional. It's not. Here's why. (193 comments)

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  •  Bush v. Gore has been cited quite a bit (3+ / 0-)

    ...for something that was explicitly stated wasn't available as precedent.  The trick is that you don't actually say its precedent.  You just present a situation, describe its similarity to the Bush v. Gore situation, and note that in this similar circumstance, the Court found a certain way, therefore the reasonable expectation is that in the current case, the court will find in a similar manner.

    SCOTUS's efforts to make Bush v. Gore a one-and-done abomination didn't get the "one-and-done" part right at all (the other half, that succeeded).

    "All opinions are not equal. Some are a very great deal more robust, sophisticated and well supported in logic and argument than others." -Douglas Adams

    by Serpents Choice on Tue Jan 29, 2013 at 12:57:41 PM PST

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