minent liberals, including Justice William Brennan, starting talking about state constitutions and state courts as substitute guarantors of rights the federal government would no longer protect. In general, this turned out to be much more talk than reality (the Massachusetts gay marriage decision notwithstanding).

But now, with the decline of federal regulation, Spitzer’s ascendancy suggests that perhaps states will fill the new vacuum that has emerged. That is a tall order, even for Spitzer. But the difficulty only underscores the significance of the enterprise.

The Shoe That Didn’t Drop: A Surprisingly Unlitigated Election

Finally, I would note the much predicted monumental event that never happened - namely, another battle in the courts to determine the winner of 2004’s presidential election.

Both sides had prepared assiduously for this legal apocalypse -- to the point of enlisting literally thousands of lawyers to monitor, advise, and draft potential filings. After all, what choice did they have? Under Bush v. Gore’s (il)logic, the list of potential legal challenges to ballot counting is nearly endless.

This time, however, Bush’s margin of victory was just big enough to stave off disaster. But if Ohio had been 50,000 votes closer, the nation might be listening to state or U.S. Supreme Court oral arguments again, even today.

As a nation, we seem to take all these legal developments completely in stride -- as though the system will continue to run reasonably well and reasonably fairly, come what may. It would be distinctly Grinch-like to cast doubt upon this sunny approach, much as I might like to.

So, for now I’ll simply wish you all a very happy, healthy, and legally interesting New Year.

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