Bumping and making a mountain out of a molehill about this case with Doc Mercer.
Bush v. Gore,
531 U.S. 98 (2000), was a
United States Supreme Court case decided on
December 12,
2000. The case effectively resolved the 2000 presidential election in favor of
George W. Bush. Only eight days earlier, the United States Supreme Court had unanimously decided the closely related case of
Bush v. Palm Beach County Canvassing Board 531 U.S. 70 (2000) and only three days earlier, the United States Supreme Court had preliminarily halted
the recount that was occurring in
Florida.
In a
per curiam opinion, by a vote of 7-2, the Court in
Bush v. Gore held that the
Florida Supreme Court's method for recounting ballots was unconstitutional, and by a vote of 5-4, held that no alternative method could be established within the time limits set by the State of Florida. The 7-2 portion of the per curiam opinion was decided based upon the
Equal Protection Clause of the
Fourteenth Amendment. The critical 5-4 portion of the per curiam opinion involved the remedy for that Equal Protection violation. Three of the 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 electoral votes to stand. Florida's 25
electoral votes gave Bush, the
Republican candidate, 271 electoral votes, defeating
Democratic candidate
Al Gore, who ended up with 266 electoral votes (with one
D.C. elector abstaining). A majority (270) of the electoral votes are needed to win the
Presidency or
Vice Presidency in the Electoral College. The decision would turn out to be highly controversial.