The Corner

Re: Calabresi Math

Andy, perhaps the good judge needs a lesson in how presidents are actually chosen in our country. Apart from the Electoral College, had the Supreme Court not intervened, Florida Governor Jeb Bush had already certified the Bush electors to the Archivist (he also certified the same electors a second time, incidentally, after the Court ruled). When Congress met to count the electoral votes, the dispute over Florida’s electors would likely have been challenged by Democrats in Congress, resulting in the House choosing the president by a majority vote of the state delegations (the Senate would choose the vice president). Twenty-seven of the House delegations were majority Republican, meaning Bush would have been elected by the House under any scenario. Remind me never to bring a case before an appellate panel on which this judge sits.

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