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.
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 st…
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 rel…
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 Boiesargued 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 Boa…
Relevant Law
- The Equal Protection Clause of the Fourteenth Amendment is the U.S. Constitutional provision on which the decision in Bush v. Gorewas 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: This clause arguably gives power to only one branch of Fl…
Issues Considered by The Court
- The Court had to resolve two different questions to fully resolve the case: 1. Were the recounts, as they were being conducted, constitutional? 2. If the recounts were unconstitutional, what is the remedy? Three days earlier, the five-Justice majority had ordered the recount stopped,and the Court had to decide whether to restart it.
Decision
- In brief, the breakdown of the decision was: 1. 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) specific…
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 Journalfound that 78 scholarly articles were published about the case between 2001 and 2004, with 35 criticizing the decision and 11 defending it.
Public Reaction
- Editorials in the country's leading newspapers were overwhelmingly critical of the decision. A review by The Georgetown Law Journal found that the nation's top newspapers, by circulation, had published 18 editorials criticizing the decision, compared with just 6 praising it. They similarly published 26 op-eds criticizing the decision, compared to just 8 defending the decision. Polls sh…
See Also
External Links
- Works related to Bush v. Goreat Wikisource
- Text of Bush v. Gore, 531 U.S. 98 (2000) is available from:CornellGoogle ScholarJustiaLibrary of CongressOyez (oral argument audio)
- After Bush v. Gore by Retro Report
- Tony Sutin: Presidential Election Law
Overview
The 2000 presidential campaign of Al Gore, the 45th vice president of the United States under President Bill Clinton, began when he announced his candidacy for the presidency of the United States in Carthage, Tennessee, on June 16, 1999. Gore became the Democratic nominee for the 2000 presidential election on August 17, 2000.
Announcement and Democratic primaries
Prior to his announcement that he would be running in the 2000 election, Gore participated in a March 9, 1999, interview for CNN's Late Edition with Wolf Blitzer. Gore stated in the interview, "During my service in the United States Congress I took the initiative in creating the internet. I took the initiative in moving forward a whole range of initiatives that have proven to be important to our country's economic growth and environmental protection, improvements in our educational syst…
Campaign
• Senator Barbara Boxer of California
• Governor Gray Davis of California
• Senator Dick Durbin of Illinois
• Senator Dianne Feinstein of California
Florida recount and Bush v. Gore
On election night, news networks first called Florida for Gore, later retracted the projection, and then called Florida for Bush, before finally retracting that projection as well. Florida Secretary of State Republican Katherine Harris eventually certified the Florida count. This led to the Florida election recount, a move to further examine the Florida results.The Florida recount was stopped …
Transition planning
A presidential transition was contingently planned from President Clinton to Gore.
Months before the election, transition planning began, with Al Gore appointing Roy Neel to lead the planning effort.
On November 9, Neel announced that all transition planning would be paused by the Gore team. With the result of the election remaining in flux, for some time, Gore would keep this pause on tr…
Aftermath
There were a number of theories connected to Gore's loss. Gore, according to a 2002 NPR article, attributed it to "the economic downturn and stock market slide that began earlier that year." His running mate, Joe Lieberman, criticized Gore for adopting a populisttheme, stating that he had objected to Gore's "people vs. the powerful" message, as he believed that it was not the best strategy for a sitting Vice President (Lieberman also stated that he would still endorse Gore if h…
See also
• 2000 Democratic Party presidential primaries
• 2000 Democratic Party vice presidential candidate selection
• 2000 Democratic National Convention
• 2000 United States presidential election
External links
• Al Gore announcement speech
• Al Gore acceptance speech
• How we got here: A timeline of the Florida recount
• Election 2000 - NPR
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