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?