Monday, October 20, 2008
10:00 AM-12:00 PM
Hart Auditorium, McDonough Hall
Georgetown University Law Center
600 New Jersey Avenue, NW
Washington, DC 20001
To read the decision in the case,
go here (PDF).
To watch a video of the event, or listen to audio from the event,
go here.
To read a transcript of the event,
go here (PDF).
Is another
Bush v. Gore possible? What if the U.S. Supreme Court held the fate of another presidential election in its hands?
It's November 4, 2008. A blizzard hits Colorado gridlocking Denver traffic and impeding access to the polls. Denver's Democratic Election Director, with consent of the Democratic Mayor, announces an extension of polling hours for two extra hours. The Republican Secretary of State seeks an injunction in Court against the extension arguing it has no basis in law and that it is unfair to extend polling places only in Denver, but not statewide.
His immediate request is denied, but the ballots cast after 7:00 pm are cast as provisional ballots, and these ballots will not be opened until the matter is settled in court. After several appeals, the U.S. Supreme Court hears the case of
McCain v. Obama. In 2008, Colorado is the deciding state in the Electoral College. If these ballots are counted, it is likely Obama will win the election, if not, McCain will be the next president.
On October 20, the AEI-Brookings Election Reform Project, along with the
Election Law @ Moritz project at the Ohio State University and the Georgetown University Law Center Supreme Court Institute will co-sponsor an argument of this hypothetical court case. Respected Supreme Court advocates Walter Dellinger and Glen Nager will argue before a balanced panel of retired judges David Levi, Thomas Phillips, and Patricia Wald. The advocates will each have 30 minutes to argue their case and audience questions and discussion will follow with a court opinion to be issued within ten days.
Moderators:
Edward B. Foley, Moritz College of Law, Ohio State University
John C. Fortier, AEI
Chief Justice:
David F. Levi, Duke Law School, former Chief Judge, US District Court, Eastern District California
Associate Justices:
Thomas R. Phillips, Baker Botts, former Chief Justice of the Supreme Court of Texas
Patricia M. Wald, former Chief Judge, US Court of Appeals for the D.C. Circuit
Arguing on Behalf of McCain:
Glen D. Nager, Jones Day
Arguing on Behalf of Obama:
Walter Dellinger, O'Melveny & Myers