Bush V. Gore: The Court Cases and the Commentary

xiv, 344 pages. Chronology. Index. Covers somewhat worn, soiled, and creased. The legal and historical significance of the 2000 election will be studied and debated for years to come. This volume combines the most important source documents from the divisive rulings with the most intelligent opinion and analysis about the conflict and its controversial resolution.Bush v. Gore, 531 U.S. 98 (2000), is the United States Supreme Court decision that resolved the dispute surrounding the 2000 presidential election. Three days earlier, the Court had preliminarily halted the Florida recount that was occurring. Eight days earlier, the Court unanimously decided the closely related case of Bush v. Palm Beach County Canvassing Board, 531 U.S. 70 (2000).In a per curiam decision, the Court ruled that there was an Equal Protection Clause violation in using different standards of counting in different counties and ruled that no alternative method could be established within the time limit set by Title 3 of the United States Code (3 U.S.C.), § 5 ("Determination of controversy as to appointment of electors"), which was December 12. The vote regarding the Equal Protection Clause was 7-2, and regarding the lack of an alternative method was 5-4. Three concurring justices also asserted that the Florida Supreme Court had violated Article II, § 1, cl. 2 of the Constitution, by misinterpreting Florida election law that had been enacted by the Florida Legislature.The decision allowed Florida Secretary of State Katherine Harris's previous certification of George W. Bush as the winner of Florida's 25 electoral votes to stand. Florida's votes gave Bush, the Republican candidate, 271 electoral votes, one more than the required 270 electoral votes to win the Electoral College and defeat Democratic candidate Al Gore, who received 266 electoral votes (a District of Columbia elector abstained). Media organizations subsequently analyzed the ballots, and under the strategy that Al Gore pursued at the beginning of the Florida recount - filing suit to force hand recounts in four predominantly Democratic counties - Bush would have kept his lead, according to the ballot review.…