Is this good or bad for democracy?
One of the themes that Democrats have used over the summer is the idea that Republicans are subverting democracy through non-electroal means. As the meme goes, first it was the 2000 election. Then it was the redistricting efforts in Colorado and Texas (an instance in which I tend to agree with the Dems). Now it’s ...
One of the themes that Democrats have used over the summer is the idea that Republicans are subverting democracy through non-electroal means. As the meme goes, first it was the 2000 election. Then it was the redistricting efforts in Colorado and Texas (an instance in which I tend to agree with the Dems). Now it's the Californa recall. So, the news that a Federal Court of Appeals has postponed the recall election because of disparities in voting technology across counties will probably provide some comfort to the Dems. However, an interesting question arises: is the use of undemocratic means to block a recall election really a good thing? From a partisan's view, the answer is yes. From the perspective of democratic theory, I'm genuinely unsure. I close with a dare to the many lawyer-bloggers out there: Devise a theory of judicial intervention that argues that either this Court of Appeals intervention or the U.S. Supreme Court intervention in the Florida recount was appropriate, but the other is not. I think it's possible, but I'm not a lawyer.
One of the themes that Democrats have used over the summer is the idea that Republicans are subverting democracy through non-electroal means. As the meme goes, first it was the 2000 election. Then it was the redistricting efforts in Colorado and Texas (an instance in which I tend to agree with the Dems). Now it’s the Californa recall. So, the news that a Federal Court of Appeals has postponed the recall election because of disparities in voting technology across counties will probably provide some comfort to the Dems. However, an interesting question arises: is the use of undemocratic means to block a recall election really a good thing? From a partisan’s view, the answer is yes. From the perspective of democratic theory, I’m genuinely unsure. I close with a dare to the many lawyer-bloggers out there: Devise a theory of judicial intervention that argues that either this Court of Appeals intervention or the U.S. Supreme Court intervention in the Florida recount was appropriate, but the other is not. I think it’s possible, but I’m not a lawyer.
Daniel W. Drezner is a professor of international politics at the Fletcher School of Law and Diplomacy at Tufts University and co-host of the Space the Nation podcast. Twitter: @dandrezner
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