E. Tammy Kim on the Supreme Court’s decision in Bush v. Gore, and how it may affect Trump v. Anderson, which will determine if Donald Trump can stay on Colorado’s ballot.
Magliocca was a second-year associate at the white-shoe firm Covington & Burling. He was a Republican who’d graduated from Yale Law School and clerked for the enduring Second Circuit judge Guido Calabresi. Election law was a relatively narrow discipline, concerned with voting rights, campaign finance, and redistricting; Bush v. Gore was unprecedented. “At the time, everybody said, ‘This is a question about who won Florida. Elections are always decided by the state Supreme Court.
The clerks would help the Justices sort through briefs, research cited cases, and write memos on knotty questions of law. The Justices would circulate draft opinions, concurrences, and dissents, trying to get one another to sign on. Revise, distribute, revise. Now a ruling of unprecedented consequence had to be assembled in days, really hours. Some clerks worked overnight. A chill set in among the staff, who passed around drafts but expected little agreement across the ideological divide.
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