Today in Supreme Court History: October 4, 1965

10/4/1965: Justice Abe Fortas takes the oath.

Justice Abe Fortas

Comments

[Dan Schiavetta]

Nominated by Lyndon Johnson, whom he had represented in a 1948 Texas election dispute. He won, citing Taylor v. Beckman, 1900, which held that federal courts can’t interfere with state elections. That is still the law, unless the election unfairly affects the rights of 1) black people Katzenbach v. Morgan or 2) the Republican candidate (Bush v. Gore.

[Dilan Esper]

I would love if the Taylor rule really applied to presidential elections, and have no love for Bush v. Gore, but isn't it true that at least since MacPherson v. Blacker, the federal courts have treated a presidential election as semi-federal?

[Dan Schiavetta]

Thanks for the cite.

Under Article Two, states may choose their electors "in such manner as their legislature may direct", and McPherson was a straightforward application of that principle. Federal courts can't touch that. The language is unlimited. In 2000, even if Gore had won Florida in a landslide, the Republican-dominated Florida Legislature, after the fact, could nevertheless have selected a slate of only Bush electors.

[mohamed mido]

https://reason.com/2020/10/04/today-in-supreme-court-history-october-4-1965/