Effie Stewart v. J. Kenneth Blackwell

The majority today imposes by judicial decree important changes to the Ohio electoral system, doing so largely in reliance on the Supreme Court’s murky decision in Bush v. Gore, 531 U.S. 98, 121 S.Ct. 525, 148 L.Ed.2d 388 (2000) (per curiam), a vacated Ninth Circuit panel opinion in a California recall-election dispute, and two district court cases that never reached a final judgment on the merits. In my view, these sources cannot bear the weight that the majority places on them, and should *881not form the basis for subjecting an indeterminate number of state and local election decisions to the…