My article A Private Little Bush v. Gore, or How Nevada Violated The Republican Guarantee And Got Away With It, 9 Tex. Rev. L. & Pol. 105 (2004), is now available online. It’s about the Guinn v. Nevada Legislature case, in which the Governor of Nevada got the state’s Supreme Court to order the Legislature to simply disregard that state’s Constitution. I argue that in doing so, the state violated the never-enforced Guarantee Clause of the Federal Constitution. The article is heavily based on the briefs that I wrote when representing the Pacific Legal Foundation and about thirty California legislators as amici in that case.
I will try to find time later to reminisce about this case, which was certainly the most unusual I’ve been involved in yet.
