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Xavier Cortada’s picture depicts Bush v. Gore with an hourglass, reflecting the tremendous time pressure that the Supreme Court felt to resolve the 2000 election. But it is exactly this time pressure that caused the Court to go seriously wrong: deciding a case that was not ripe for review, incorrectly applying equal protection law, and violating a basic principle of federalism that state courts get the last word on questions of state law.

In: Painting Constitutional Law