Bush V. Gore Essay, Research Paper

Decisions are often made in the united states by the U.S. Supreme Court that impact the country greatly. Sometimes the decision of the case is extremely controversial, leaving the Court and the country split. One Such recent case was Bush V. Gore. There were many events and certain criteria behind this case which made it a rarity, for the Supreme Court. Though just barley a month old, after the initial event, its journey to the Supreme Court was a very complicated one.(7) Many factors played into the decision if the Court in this case, from politics all the way to pregnant chads.(7) This case grabbed World attention and analyst from around the world gave their opinions, determining the correctness of the decision. This case brought an end to what is considered by most experts, the closest U.S. election ever. The decision brought closure and political stability back to America.

The roots of the case begin on November 7, 2000 election night in Flordia. Millions of voters turn up at the polls to election their next president that night. By November 8 1:30 a.m. EST Bush and Gore look to be tied with 242 electoral votes each. Flordia is still undecided at this point and is the key state that wil give the Bush or Gore the needed 270 electoral college votes to become president. Flordia is called for Bush by the networks at 2:15, but because the vote is so close, Florida begins a mandatory recount. On November 9 Gore’s team requests a “hand count” of presidential ballots in four Florida counties. Bush’s team then file papers in federal court to halt this “hand count”, which is refused. November 15, Secretary of state Kathryn Harris says she will not accept results of any hand recounts when it comes time to certify final totals on November 18. On November 17, The Florida Supreme Court blocks the Kathryn Harris from any vote certification untill it can rule on the Democrats request to allow hand recounts to be counted. On November 21, The Florida Supreme Court, in a unanimous decision, rules that state election officials must include the results of the hand recounts in Florida’s final presidential final total. On November 24 the case finally reaches the U.S. Supreme court when Bush finles an appeal of Florida Supreme Court’s November 21 ruling that selective manual recounts must be included in the state’s final presidential total. The hearing is set for December 1.(3)

The U.S. Supreme court began by hearing 90 minute oral arguement from both sides on Bush challenge on constitutional grounds of Florida Supreme Court s ruling on selective manual recounts. Mr Olson representing the Bush team went first saying The Flordia Supreme Court violated the U.S. Consition Equal protection law by allowing the counting of the votes with no uniformed standard to use in the counting. The method, and what is a vote and what is not a vote varied from county to county. The Bush team argued that there was no standard in Flordia for hand re-counts.(8) The ‘chad’ issue was also a focus for the Bush team.(5) Olson stated, “Palm Beach standard was that the chad had to be punctured… while the Miami-Dade standard is different” He also brought up that ‘hanging chads’ were counted in Palm Beach, Miami-Dada and Valuaita but not Broward county and that ‘pregnant chads’ were only counted in Palm Beach County. Another issue the Bush team touch on was the issue of changing standards. Mr. Olson pointed out “Not only was there not a standard, but there was a change two or three times during the course of this process with respect to the standard” They aruged the Palm Beach at first was not going to accept pregnant chads, but later changed their standard saying they were going to accept some pregnant chads and that this was too questionable.(8)

Mr. Boies representing the Gore team went up next saying that the Florida Supreme Court was in complete ramifications of the law when they issued that election officials must include the results of the manual recounts in Florida’s final presidential tally. One issue the Gore team stuck with is that there was a standard in Flordia’s hand recount system. When Supreme Court Justice Kennedy asked Boies what is the standard in Flordia Boies reply by saying “The standard is whether or not the intent of the voter is reflected by the ballot. That is the uniform standard throughout the state of Florida.”(8) Boies really focused on the convincing The Court that the word ‘intent’ was the same the in every county, that there was a uniformaty in the standards.(5) Boies further brought up that intent is sometimes necessary. He brought up Texas’ ridged voting standards saying “some states, like Texas, have given a statutory definition. Although even in Texas, there is a catch-all that says, “Anything else that clearly specifies the intent of the voter.”" Another issure brought up by The Court was weather the Florida interupted the law or created new law by allowing the recount. Boies response was “there is a change in the enactment in the language of the statute or the Constitution” meaning he didn t think there was(8)

The Trial ened with Chief Justice William Rehnquist biding adue to both teams, and all The Supreme Court Justices leaving the court room to deliberate on a decision.(8) Though many hoped the voted wouldn’t be spilt after along delibaration of three days, the decision came with The U.S. Supreme Court voting 5-4 to stop the statewide recount ordered on November 21 by the Florida Supreme Court.(7) There really are several reasons or factors The Court concidered for the decision in this case. One clear factor was wheather the voters were disenfranchised when they went to the polls in Flordia on Nov. 7. Had changing and different standard in the countys effefted the intent of the voter? Equal protection of voters was also an important factor in this case.(1) The Court’s per curiam opinion states “The right to vote is protected by more than the initial allocation of the franchise. Equal protection applies as well to the manner of its exercise. Having once granted the right to vote on equal terms, the State may not, by later arbitrary and disparate treatment, value one person s vote over that of another.” The majority of the Court possibly concluded that since there were changing standards, and that different types of votes were counted in different counties that the manual hand recounts were in violation of that law.(6) The question of the role politics in this case also comes up. Justice Stevens wrote a dissenting opinion where he said “Preventing the recount from being completed will inevitably cast a cloud on the legitimacy of the election.”(7) The Court split with more conservative Justices voting for Bush and more liberal Justices voting against Bush.(5) It is most probable that the Supreme Court when taking this case took into account the need to prevent prevent a criss from happening in the country.(7) The Justices also took into account the federal need to take up this case, even though it is a state election but because its deciding the next president they had do. The Chief Justice William Rehnquist wrote that “The U.S. Supreme Court normally defers to state courts on issues of state law.” But in Bush v. Gore, he said “is one of a few exceptional cases that presents a clear federal question because it involves a presidential election.”(5)

The descion of The Court left the some of the country wondering about the legitimateis of the Supreme Court. A CNN poll shows that 39% of americans believe that politics did play a role in the Supreme Courts decision. It is probable that this tarnished the acceptance of future decisions by the Supreme Court to the American people.(9) Victor Williams, a notable law professor at Catholic University in D.C felt that the Supereme Court went far in this case. The next president of The Unitied Sates was decided by nine judges. He felt this decision really tarnished our consitiuational right to vote, the president should be eleclted by the counting of votes of the American people and not by the Supreme Court.(2) Roger Cossack, a CNN Legal Analyst however felt that this decision was the best and most efficient way of ending what he called a practical tie in Florida. He felt It was most acceptable way of ending it, rather having it end with Bush or Gore winning by a mear 100 or less votes. The decision was not a good one for the country but was the best decsion, given the circumstances.(5)

This decision really tarnishes weather The Supreme Court has the authority to step in and set election guidelines for states. The Supreme Court does have the right to interven if there are constitutional questions, like discrimanaion raised. Its hard to tell weather an Equal Protection violation was clearly made in inturrupting the votor intent in hand ballot counting Miller Baker, a CNN reporter said.(10) Also Americans feel that “Today is a dark day in the Supreme Court, when the Supreme Court can decide our next president” as Rob Laufer, a Governement High School teacher put it.(11) The decision wosrened our country by creating a partisan divide. Every Court decision in favor Gore was embraced by the Democrats and rejected by Republicans and vise-versa. No Democrat or Republican looked at weather the decision was right or not, just if it favored their party.(4) There was one plus side though. All the attention to our election system brought by the media did educated some Americans just how a president is really elected to office.(5)

“All that re-counting and it came down to just nine votes” David Cardwell a CNN reporter summed it up. The impact of this case has been tremendous, the decision of The U.S Supreme Court decided the next president. It created a doubt to the Supreme Courts legitimates, and wheather the Supreme Court has become political in its decisions. This decision also creates some Americans to not be so willing to accept George W. Bush as their legitimate new president. It creates a huge obstacle for our next president to try and overpass, confincing Americans that he will be the better president despite losing the popular vote. It created an ingornance of court rulings between Democrats and Rupublicans. After every Court decision most did not care about the reasonings behind the decsion just weather it favored their party or not.(4)

Election 2000 has been the closest presidential race ever. In the end it was decided by nine Supreme Court justices, restoring political stability and bring closure to the American people. There was world attention brought to this case, broadcasting itself all around the globe. Many factors played into the decision if the Court in this case, from politics all the way to pregnant chads.(7) Though over and we now have a 43, we still did not feel the full impact of this decision, Will the electoral college be Amendended? Will new legislature be passed to ensure such voting problems don’t occur anymore in Florida? or Will George W. Bush really be accepted as out legitimate president by the American people. This case is really one for the History books.

(1)- http://www.cnn.com/2000/LAW/12/13/scotus.election.05/index.html

(2)- http://www.cnn.com/2000/LAW/12/transcripts/williams.scotus.election.12.13/

(3)- http://www.cnn.com/2000/timeline/

(4)- http://www.cnn.com/chat/transcripts/2000/12/4/cardwell/

(5)- http://www.cnn.com/chat/transcripts/2000/12/11/cossack/

(6)- http://www.cnn.com/LAW/library/documents/election.florida/scotus.

bush.v.gore.opinion.html

(7)- http://www.cnn.com/LAW/trials.and.cases/case.files/0011/reviewing

.the.vote/overview.html

(8)- http://www.cnn.com/LAW/trials.and.cases/case.files/0011/reviewing

.the.vote/t031211.html

(9)- http://www.cnn.com/polls/election200/Supcourt/

(10)- http://www.cnn.com/2000/LAW/11/transcripts/chat.mills.election.11.16/

(11)- IN CLASS