The five-member Supreme Court majority in Bush v. Gore said the opinion’s effect concerned that case only—that is, the rule of law that the opinion enunciated wasn’t really a rule of law but was instead a principle to be used in that case only.
But the real principle that Bush v. Gore established was not so ephemeral. That principle? That whatever the specifics of the particular election-law case at hand, the Constitution will always be interpreted to support the side whose interests correspond to those of the Republican Party, especially the extreme pro-business wing of the Republican Party.
That much is clear after last year’s 5-4 opinion in Citizens United v. Federal Election Commission and yesterday’s argument in Arizona Free Enterprise Club v. Bennett.
How utterly cynical.
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