University of Washington School of Law UW Law Digital Commons Articles Faculty Publications 2017 Judging Congressional Elections Lisa Marshall Manheim University of Washington School of Law Follow this and additional works at: https://digitalcommons.law.uw.edu/faculty-articles Part of the Election Law Commons Recommended Citation Lisa Marshall Manheim, Judging Congressional Elections, 51 Ga. L. Rev. 359 (2017), https://digitalcommons.law.uw.edu/faculty- articles/180 This Article is brought to you for free and open access by the Faculty Publications at UW Law Digital Commons. It has been accepted for inclusion in Articles by an authorized administrator of UW Law Digital Commons. For more information, please contact
[email protected]. GEORGIA LAW REVIEW VOLUME 51 WINTER 2017 NUMBER 2 ARTICLES JUDGING CONGRESSIONAL ELECTIONS Lisa MarshallManheim* TABLE OF CONTENTS I. INTRODUCTION .......................................... 361 II. THE INTERPRETIVE VACUUM .................... ........ 365 A. THE OPEN CONSTITUTIONAL QUESTIONS.......................366 B. RETICENCE BY THE FEDERAL COURTS ............... 373 C. ABDICATION BY CONGRESS ......... ................ 379 III. A MAELSTROM OF STATE LAW REGIMES . ................ 386 A. ADJUDICATING THE CASES THE FEDERAL COURTS WILL NOT ....................................... 386 Assistant Professor, University of Washington School of Law. For valuable feedback, I am indebted to Ryan Calo, Joshua Douglas, Melissa Durkee, Edward Foley, Sanne Knudsen, Shannon McCormack, Elizabeth Porter, Zahr Said, and Kathryn Watts, as well as those at conferences and workshops at the Seattle University School of Law, the University of Washington School of Law, and the University of Wisconsin Law School. This Article reflects excellent assistance provided by Christopher Bryant, Thomas Miller, Daniel Valladao, Dane Westermeyer, Valerie Walker, and Iris Wu, as well as by Cynthia Fester and the outstanding research librarians at the University of Washington School of Law.