Something had to be done. Dissent Breyer : The case should have been resolved by the state Supreme Court based on state law interpretation. Twenty votes of the Electoral College were still up for grabs, however — all but one of them in the southern states of Florida, Louisiana, and South Carolina. Once a state holds such election, the right to vote becomes fundamental and the weight given to each vote must be equal. As Palm Beach County was recounting its ballots Florida Secretary Harris, a Republican and co-chair of the Florida Bush campaign, officially certified the election for Bush. Unlike its earlier decision, however, this one was not unanimous. The ceasing of all recounts was approved 5-4.
Gore is a story about the transfer of power in a country that prides itself on the democratic process of electing its leaders and the ability of the court system to justly and fairly resolve disputes. The election took place on Nov 7, 2000. Why, then, did the Supreme Court agree to get back into the fray after the election of 2000? On November 22, Bush appealed to the United States Supreme Court against Palm Beach County Canvassing Board stating the decision was in violation of a federal statute requiring electors to be finished at a given point before the Electoral College met. The minority dissents stated that the issues including the principle of fairness and conflicting laws which could be interpreted as invalidating the December 12 deadline. Gore also claimed that ending recounts was not a good way to settle this extraordinary dispute. The election of 1876 pitted Samuel J.
. The Republicans agreed to withdraw the federal troops still occupying the South in the wake of the Civil War, to appropriate funds for Southern improvement, and to appoint at least one Southerner to the cabinet. Gore is a story about the transfer of power in a country that prides itself on the democratic process of electing its leaders and the ability of the court system to justly and fairly resolve disputes. Because all the votes were being counted unevenly, with standards varying from county to county, where recounts in counties where he could have majority were not being conducted. Gore Author: Charley Wells Publisher: Gainesville : University Press of Florida, ©2013. In fact, the election was simply too close to call. Is it what some partisan hack i.
Johnson teaches in the Department of Political Science and the Law School at the University of Minnesota. Tilden, the Democratic governor of New York, against Rutherford B. Many people went to bed that night thinking that Al Gore had won, only to discover in the morning that George W. But Davis resigned from the Court almost immediately, leaving only Republican justices as alternatives. Bush failed to present a substantial claim under Equal Protection as no evidence exists suggesting that a new recount would yield a different result. It is obviously shown that the minority would have wished the recounts go on until the college of electors were mandated to meet on December 18. Gore forever influenced laws on voting procedures, absentee ballots, ballot design, and voting equipment.
Deny to any person within the equal protection of the laws. A must-read for students of the Bush v. Recounts were started, then stopped as Republicans and Democrats wrangled over what standards to apply. But others worried that the Court had gone too far. It was more than a little chaotic. Gore presents the unique, candid, and compelling perspective of the Florida Supreme Court Chief Justice who stood at the center of the storm.
Case Summary of Bush v. In the first of these cases, Bush v. The way he sets out the contradictions of the relevant Florida Statutes 102. The only truly neutral member of the Court at the time was David Davis. Supreme Court waited to decide after the contest period concluded, instead of as it was taking place? Charley Wells, retired Chief Justice of the Florida Supreme Court, where he served from 1994 to 2009, is now an attorney with the firm of GrayRobinson in Orlando. Board of Education 1954 , which put an end to legal segregation, and United States v.
Here, the counting dispute is driven by the procedure of voting with a ballot machine designed to record votes by perforating each ballot by a stylus. Al Gore supporters were incensed. Thereafter, the state court was left to untangle a legal net the U. Offering insights into the human condition, these trials serve as a historical document, chronicling the struggles and passions of their time. Background info Election night 2000 was a cliffhanger that went on for weeks.
That split decision, 5-4, suggested that Bush v. Rule of Law or Legal Principle Applied: In a contested presidential election, a state is required to conduct a manual recount of the votes and issue uniform rules governing the recount to give equal weight to each vote and determine the intent of the vote under the Equal Protection Clause. When the uproar threatened to derail the orderly transfer of power, a deal was struck. In the past, in landmark cases like Brown v. The Supreme Court granted certiorari. Gore was a political, not a judicial, decision. The state Supreme Court held gore would have won under the correct standard and reversed.