A case brief of Bush v. Gore (2000)
The case of George W. Bush, et al v. Albert Gore, Jr., et al (531 U. S. 98, 121 S. Ct. 525), familiar as Bush v. Gore was a disputable one, and was heard on December 11, 2000. The case determined the results of the presidential election in 2000. By court’s order (7-2), the ballot recount that was conducted in certain counties in Florida, was stopped due to the absence of approved standards. The Court declared (in 5 – 2 vote) that there was no sufficient time for establishment of new standards for recount, and kept the deadline for Florida’s certification of electors. In fact, according to that ruling George W. Bush was rewarded with the presidency.
The discussed election was performed on November 7, 2000. The Electoral College System was applied and under its terms every state voted separately for president. A victor was announced in each state and the victor in the state wins so many “electoral votes” as many votes were the representatives of the state in the House of Representatives and the Senate. The final nationwide ballot count indicated that Gore led Bush with 266 – 246. For final victory were necessary 270 votes. Florida was the winning state with its 25 electoral votes but it did not have an official victor due to the error for machine counting. The leader was Bush by a narrow margin in accordance with the machine count.
Supported by Bob Butterworth, Florida Attorney General, a Democrat and Chairman of Gore campaign in Florida, Gore insisted on manual recount of votes in a few Florida counties. He was opposed by Katherine Harris, a Republican and Co- chairman of Bush campaign in Florida, while the Canvassing Board of Palm Beach County was counting its ballots manually, Harris officially announced Bush as a winner of the election.
Palm Beach county and Gore filed suit against Bush and Harris in Florida Supreme Court (Palm Beach Canvassing Board v. Harris) and the court pronounced its judgment on November 21, declaring that the recount should go forward and that Harris had abused her power.
Bush appealed to the U. S. Supreme Court (Bush v. Palm Beach County Canvassing Board} on November 22, contending that the decision of Florida supreme court violated the federal statute that required the electors to be certified before the Electoral College meeting. After hearing the parties’ oral arguments to the Court on December1, the Court repealed the decision of Florida State Supreme Court on December 4, remanding the case back and asking for clarification of the legal issues of their rulings.
The Gore stuff consecutively filed four suits on different legal issues and they were all turned down by lower courts. Only the decision on the last case Gore v. Harris was reversed by the Florida Supreme Court on December 9, declaring that Harris could not stop the recount of potential undervoters in the counties, subject of the dispute. Bush stuff filed for certiorari to the U. S. Supreme Court contending that Florida court’s opinion violated the Constitution of the United States.
The parties’ arguments were delivered before the Court on December 11 by the legal representatives of both sides. The Florida Supreme Court provided the clarification on Bush v. Palm Beach County Canvassing Board that was requested and after substantial and profound deliberation, the two cases were combined.
Theodor Olson, the legal representative of George W. Bush, stated that the recounts in Florida violated the Constitution of the United States, specifically the Equal protection clause of the Fourteenth Amendment to the U. S. Constitution that declares:
“All persons born or naturalized in the United States, and subject of the jurisdiction thereof, are citizens of the United States, of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of the citizens of the United States, nor shall any State deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the law.”(U. S. Constitution)
David Boies, the legal representative of Albert Gore Jr., stated that Florida Supreme Court had done its best to ensure equal attitude to both sides. He added also that that the equal treatment of all ballots would require a uniform federal standard for counting votes and such standard had been never considered to be established before. Gore argued as well that as a uniform standard should be considered the “clear intent of the voter.” (Florida statute)
Federal law required that any disputable issues regarding the selection of electors should be solved and settled by December 12.
The decision, taken by majority 7 – 2, ruled that Florida recount was performed in an unconstitutional way. That was a result of the uneven standard for recounting the votes. On the issue about the deadline December 12, a narrower majority 5 – 4 ruled that no valid recount could be completed by that date and the recounts were ended. The Court emphasized on different vote-counting standards from county to county, as well as the lack of judicial officer to supervise the recount. Both of which offended the Equal protection clause of the Constitution of the United States. It was also ruled by the Court that under the Electoral College system “The individual citizen has no federal constitutional right to vote for electors for the President of the United States.”(531, U. S. 98 2000)
As a result, the case was shrouded in discussions. The more conservative justices voted in favor of George Bush and respectively, the more liberal justices voted in favor of Al Gore. As a matter of fact, recounts could not be completed due to various obstacles caused by various levels and branches of the judiciary. Opponents argued that it was indecent for the Court (by the same 5 – 4 majorities) to order stopping the recounts, causing probable “irreparable harm” to George Bush’s reputation as a legitimate winner and the same or bigger harm to the opponent Al Gore.
The minority dissents discussed these and other issues emphasizing on the principle of fairness and the conflicting laws. The minority wished the recounts to continue up till December 18, when the college of electors should be mandated.
It is difficult to make historical analysis due to the variety of issues that arouse since after. Most of the questions that originated since then, found their solutions, some could not. The Supreme Court was a subject of vast criticism but we should not say these very important issues as the President election should be a subject of court’s decisions. They are issues of principles, politics and peoples’ decisions.
References
Bush v. Gore, 531 U. S. 98, 121 S. Ct. 525, Web
www.law.cornell.edu/supct/html/00-949.zpc.html
Fourteenth Amendment, The Constitution of the United States, Web
