Document Type

Article

Publication Title

University of Chicago Law Review

Abstract

In what follows, I will suggest that the Court may well have been justified in its desire to expand constitutional scrutiny to cover on-the-run, post hoc alterations of electoral practices, but that it failed in the preservation of an institutional reticence to intercede in the political thicket when other institutional actors were amply well positioned to address the claimed harm. For those keeping score at home, this puts me most in line with Justice Breyer's dissenting opinion, most notably his advocacy of "self-restraint" on the part of the Court.

First Page

637

DOI

https://doi.org/10.2307/1600395

Volume

68

Publication Date

2001

Share

COinS