Clinton v. Obama, Another Bush v. Gore?

The Wall Street Journal has this very interesting piece today about the possibility of the Clinton/Obama race ending in court.   The article develops the argument recently made by Matt Bai of the New York Times in his piece “Back Room Choices” that the Democratic nomination will ultimately be decided behind closed doors by superdelegates in the weeks leading up to the convention.  The author of this WSJ piece is Theodore Olson, counsel to George W. Bush in Bush v. Gore.

At the risk of sounding cynical, I find Olson’s arguments pretty convincing.  If the delegate count favors the candidate who won less of the popular vote, how do you think the candidacy should be decided?  Does this recreate the wheel of 2000?  If Olson is correct that Hillary will pursue the Florida and Michigan delegates, can the candidates resolve that issue outside of court?


4 Responses to Clinton v. Obama, Another Bush v. Gore?

  1. nobamakoolaid says:

    I saw a piece on CNN last evening that showed it likely that neither candidate (assuming no Michigan or Florida) would reach a majority, even if he or she ran the table. That leaves it in the hands of the super delegates. I still believe, despite any current polling data, that the Republicans are in serious trouble against either Sen. Clinton or Sen. Obama. However, if the two of them do not work something out behind closed doors before its gets to a vote in Denver, the Democrats could once again illustrate their expertise at throwing away a sure thing. In particular, whoever winds up with the lower popular vote count should give way to the other candidate. Taking the matter into court would be even worse. There is no way that they can allow a candidate to be appointed by an elite group of party members instead of by the voters. There cannot be the slightest hint of an illegitimate nominee or the Republicans will once again be crowning their candidate.

  2. laurabethnielsen says:

    I have been worried about this ending at the convention for a couple of weeks. I jsut don’t think it is good for it to go that long. Many people who I consider very wise have told me not to worry. It is OK for it to go that long.

    Others, who I also think are very smart have said “worry” – we need it sewn up so we can begin strategizing for the eneral election.

    Ending in court would be a disaster. DISASTER. I mean, why don’t we just hand it over? Bad, bad, bad.

  3. laurabethnielsen says:

    goodness gracious! i just read the WSJ article — this was so apalling!

    If it does happen, I’d be more than happy to loan Sen. Obama the winning briefs that helped secure the election of the legitimate winner of the 2000 election, George W. Bush.

  4. […] month I posted about the possibility of Obama/Clinton ending in Court because of a looming conflict over the Michigan […]

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