lawyer who worked on bush v. gore

by Destany Herzog 7 min read

What was George W Bush v Gore case?

GEORGE W. BUSH et al. v. ALBERT GORE, Jr. et al. The application for stay presented to Justice Kennedy and by him referred to the Court is granted, and it is ordered that the mandate of the Florida Supreme Court, case No. SC00-2431, is hereby stayed pending further order of the Court.

How many Bush v Gore alumni are on the Supreme Court?

Supreme Court is about to have 3 Bush v. Gore alumni sitting on the bench - CNNPolitics Supreme Court is about to have 3 Bush v. Gore alumni sitting on the bench Kavanaugh talks Bush v. Gore case (2000) More Videos ... Kavanaugh talks Bush v. Gore case (2000) 01:20

What did Stephen Breyer argue in Bush v Gore?

Stephen Breyer. In Bush v. Gore (2000; see United States: The Bill Clinton administration), which settled that year’s controversial presidential election between George W. Bush and Al Gore, he issued a passionate yet precise dissent. He argued that, by failing to refuse the case under the rubric of….

Do You Remember Bush vs Gore in 2000?

Most of you remember Bush vs. Gore in 2000 right? Just to give you a recap the 2000 election between Bush vs. Gore was decided by United States Supreme Court and ultimately sided with George Bush on a recount dispute in Florida.

image

Who was Al Gore's lawyer?

"The Boies Family: Super-lawyer David Boies has been the go-to guy for legions of powerful people and institutions, including Al Gore, George Steinbrenner and CBS.

What happened in Florida in the 2000 election between Bush and Gore?

The Florida vote was ultimately settled in Bush's favor by a margin of 537 votes when the U.S. Supreme Court, in Bush v. Gore, stopped a recount that had been initiated upon a ruling by the Florida Supreme Court.

What was controversial about the election of 2000?

The returns showed that Bush had won Florida by such a close margin that state law required a recount. A month-long series of legal battles led to the highly controversial 5–4 Supreme Court decision Bush v. Gore, which ended the recount. The recount having been ended, Bush won Florida by 537 votes, a margin of 0.009%.

Who created the butterfly ballot?

Theresa LePore is a former Supervisor of Elections for Palm Beach County, Florida. She designed the infamous "butterfly ballot" used in the 2000 presidential election. This would lead the press to nickname her "Madame Butterfly".

What is Bush v. Gore?

Bush v. Gore was a case heard before the U.S. Supreme Court in which that court reversed a Florida Supreme Court request for a selective manual rec...

What did the U.S. Supreme Court decide in Bush v. Gore?

On December 12, 2000, in a 7–2 ruling, the U.S. Supreme Court overturned the Florida Supreme Court’s decision that manual recounts of ballots shoul...

What was the outcome of Bush v. Gore?

The U.S. Supreme Court’s ruling in Bush v. Gore terminated the recount process in Florida in the U.S. presidential election of 2000. With the elect...

Why did Bush argue that recounts in Florida violated the Equal Protection Clause?

Bush argued that recounts in Florida violated the Equal Protection Clause because Florida did not have a statewide vote recount standard. Each county was on its own to determine whether a given ballot was an acceptable one. Two voters could have marked their ballots in an identical manner, but the ballot in one county would be counted while the ballot in a different county would be rejected, because of the conflicting manual recount standards.

What was the Chief Justice's opinion in the Florida Supreme Court case?

Chief Justice Rehnquist's concurring opinion, joined by Justices Scalia and Thomas, began by emphasizing that this was an unusual case in which the Constitution requires federal courts to assess whether a state supreme court has properly interpreted the will of the state legislature. Usually, federal courts do not make that type of assessment, and indeed the per curiam opinion in this case did not do so. After addressing this aspect of the case, Rehnquist examined and agreed with arguments that had been made by the dissenting justices of the Florida Supreme Court.

What was the Supreme Court decision in 2000?

98 (2000), was a decision of the United States Supreme Court on December 12, 2000, that settled a recount dispute in Florida's 2000 presidential election between George W. Bush and Al Gore. On December 8, the Florida Supreme Court had ordered a statewide recount of all undervotes, over 61,000 ballots that ...

Which constitutional amendments were violated by the use of different standards of counting in different counties?

Specifically, the use of different standards of counting in different counties violated the Equal Protection Clause of the U.S. Constitution. (The case had also been argued on the basis of Article II jurisdictional grounds, which found favor with only Justices Scalia, Clarence Thomas, and William Rehnquist .)

Did the Bush v Gore case have a recount?

In Bush v. Gore, on the contrary, the Court actively prevented the completion of a halted state recount, never having ruled on the merits either of the challenge or the election and never having adjudicated the validity of Bush's certification or Gore's request for a recount.

What did Thomas say about Bush v Gore?

He told them the weeks preceding the decision had been "exhausting" but that he believed the process showed "the strength of our system of government.".

What was the 5 justice majority in Bush v. Gore?

Thomas joined the unsigned opinion that said Florida had run out of time to recount disputed ballots without violating the constitutional guarantee of equal protection. The decision cemented the state's late November certification of a 537-vote margin for Bush over Gore (from nearly 6 million ballots cast) and gave Bush Florida's decisive electoral votes.

What case did Barrett work on?

Barrett wrote on the questionnaire she submitted to the Senate for her Supreme Court confirmation review, "One significant case on which I provided research and briefing assistance was Bush v. Gore." She said the law firm where she was working at the time represented Bush and that she had gone down to Florida "for about a week at the outset of the litigation" when the dispute was in the Florida courts. She said she had not continued on the case after she returned to Washington.

Why did Roberts fly to Florida?

Roberts flew to Florida in November 2000 to assist Bush's legal team. He helped prepare the lawyer who presented Bush's case to the Florida state Supreme Court and offered advice throughout.

When was Alito appointed to the Supreme Court?

He had been appointed in 1990 to the 3rd US Circuit Court of Appeals by President George H.W. Bush. At the time of Bush v. Gore, Alito was a decade into the job, writing opinions in his Newark, New Jersey, chambers and widely regarded as a possibility for the younger Bush's "short list" of Supreme Court candidates.

Did Trump ask Kavanaugh about the Bush v Gore case?

During Kavanaugh's Senate confirmation hearings, Democratic senators referred to his involvement in the Bush v. Gore litigation, but they did not ask him about the case.

When was Kagan nominated to the DC Circuit?

She was nominated to the federal appeals court for the DC Circuit by Clinton in 1999, after serving his administration in senior domestic-policy positions. Later that year, Kagan become a visiting professor at the Harvard Law School.

Who was Kavanaugh's legal team?

In December 2000, Kavanaugh joined the legal team of George W. Bush, which was trying to stop the ballot recount in Florida. [58] After Bush became president in January 2001, Kavanaugh was hired as an associate by the White House Counsel, Alberto Gonzales. [41] There, Kavanaugh worked on the Enron scandal, the successful nomination of Chief Justice John Roberts, and the unsuccessful nomination of Miguel Estrada. [41] Starting in July 2003, he served as Assistant to the President and White House staff secretary, [44] succeeding Harriet Miers. [59] In that position he was responsible for coordinating all documents going to and from the president.

Where did Susan Barrett practice law?

From 1999 to 2002, Barrett practiced law at Miller, Cassidy, Larroca & Lewin, a boutique law firm for litigation in Washington, D.C., that merged with the Houston, Texas-based law firm Baker Botts in 2001. [27] [29] While at Baker Botts, she worked on Bush v. Gore, the lawsuit that grew out of the 2000 United States presidential election, providing research and briefing assistance for the firm’s representation of George W. Bush. [30] [31]

What court did Gore v. Florida appeal to?

The Circuit Court denied relief, stating that Vice President Gore failed to meet his burden of proof. He appealed to the First District Court of Appeal, which certified the matter to the Florida Supreme Court. Accepting jurisdiction, the Florida Supreme Court affirmed in part and reversed in part. Gore v.

How many votes did the Florida governor get in 2000?

On November 8, 2000, the day following the Presidential election, the Florida Division of Elections reported that petitioner, Governor Bush, had received 2,909,135 votes, and respondent, Vice President Gore, had received 2,907,351 votes, a margin of 1,784 for Governor Bush.

Is SC00-2431 stayed?

The application for stay presented to Justice Kennedy and by him referred to the Court is granted, and it is ordered that the mandate of the Florida Supreme Court, case No. SC00-2431, is hereby stayed pending further order of the Court.

Who played a role in Bush v. Gore?

Chief Justice John G. Roberts Jr. and Justice Brett M. Kavanaugh also played a role in Bush v. Gore — meaning that if Barrett is confirmed, three of the nine justices will have participated in litigation related to the only presidential contest to be decided by the high court. “Here we are, two decades after Bush v.

Who was the Supreme Court Justice in the 2000 election?

An unknown fact is that Chief Supreme Court Justice John Roberts, Justices Brett Kavanaugh , and Amy Coney Barrett were all Bush’s attorneys.

image

Overview

Rapid developments

The oral argument in Bush v. Gore occurred on December 11. Theodore Olson, a Washington, D.C., lawyer, delivered Bush's oral argument. New York lawyer David Boies argued for Gore.
During the brief period when the U.S. Supreme Court was deliberating on Bush v. Gore, the Florida Supreme Court provided clarifications of its November 21 decision in Palm Beach County Canvassing Board v. Harris (Harris I), which the U.S. Supreme Court had requested on Decembe…

Background

In the United States, each state conducts its own popular vote election for president and vice president. The voters are actually voting for a slate of electors, each of whom pledges to vote for a particular candidate for each office, in the Electoral College. Article II, § 1, cl. 2 of the U.S. Constitution provides that each state legislature decides how electors are chosen. Referrin…

Stay of the Florida recount

By December 8, 2000, there had been multiple court decisions regarding the presidential election in Florida. On that date the Florida Supreme Court, by a 4–3 vote, ordered a statewide manual recount of undervotes. On December 9, ruling in response to an emergency request by Bush, the U.S. Supreme Court stayed the recount. The Court also decided to treat Bush's application for relief as a petiti…

Relevant law

The Equal Protection Clause of the Fourteenth Amendment is the U.S. Constitutional provision on which the decision in Bush v. Gore was based.
Article II, § 1, cl. 2 of the Constitution specifies the number of electors per state, and, most relevant to this case, specifies the manner in which those electors are selected, stipulating that:
Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Elec…

Issues considered by the Court

The Court had to resolve two different questions to fully resolve the case:
• Were the recounts, as they were being conducted, constitutional?
• If the recounts were unconstitutional, what is the remedy?
Three days earlier, the five-Justice majority had ordered the recount stopped, a…

Decision

In brief, the breakdown of the decision was:
• Seven justices agreed that there was an Equal Protection Clause violation in using differing standards of determining a valid vote in different counties, causing an "unequal evaluation of ballots in various respects". The per curiam opinion (representing the views of Justices Kennedy, O'Connor, Rehnquist, Scalia, and Thomas) specifically cited that:

Scholarly analyses

Bush v. Gore prompted many strong reactions from scholars, pundits and others regarding the Court's decision, with a majority of publications in law reviews being critical. An analysis in The Georgetown Law Journal found that 78 scholarly articles were published about the case between 2001 and 2004, with 35 criticizing the decision and 11 defending it.
The most closely decided aspect of the case was the key question of what remedy the Court sh…

Three Who Assisted Bush

Image
Chief Justice John Roberts Roberts flew to Florida in November 2000 to assist Bush’s legal team. He helped prepare the lawyer who presented Bush’s case to the Florida state Supreme Court and offered advice throughout. Roberts also faced a singular personal challenge during the 36-day ordeal that extended from the Nove…
See more on cnn.com

on The Bench

  • Justice Clarence Thomas He is the only remaining member of the five-justice majority that resolved Bush v. Gore. Thomas joined the unsigned opinion that said Florida had run out of time to recount disputed ballots without violating the constitutional guarantee of equal protection. The decision cemented the state’s late November certification of a 5...
See more on cnn.com

Other Conservative Justices

  • He had been appointed in 1990 to the 3rd US Circuit Court of Appeals by President George H.W. Bush. At the time of Bush v. Gore, Alito was a decade into the job, writing opinions in his Newark, New Jersey, chambers and widely regarded as a possibility for the younger Bush’s “short list” of Supreme Court candidates. The opportunity came in late 2005, when Bush tapped him to replac…
See more on cnn.com

Obama’s Nominees

  • Justice Elena Kagan She was nominated to the federal appeals court for the DC Circuit by Clinton in 1999, after serving his administration in senior domestic-policy positions. Later that year, Kagan become a visiting professor at the Harvard Law School. The Republican-controlled Senate never acted on her appeals court nomination, and the ruling in Bush v. Gore ensured that she would no…
See more on cnn.com