Bush v. Gore
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Bush v. Gore, 531 U.S. 98 (2000), was a United States Supreme Court case heard on December 11, 2000. In a per curiam opinion, by a vote of 7-2, the Court held that the Florida Supreme Court's scheme for recounting ballots was unconstitutional, and by a vote of 5-4, the Court held that no alternative scheme could be established within the time limits established by Florida Legislature. The per curiam opinion was argued on the basis of Equal Protection.
The decision stopped the recount that was occurring in Florida and 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 College votes, defeating Democrat Al Gore.— Excerpted from Bush v. Gore on Wikipedia, the free encyclopedia.
Argued before the Supreme Court of the United States in October Term 2000.
Supreme Court History
- December 9, 2000: Application for stay of the mandate of the Florida Supreme Court granted, and application for stay treated as a petition for writ of certiorari. Petition for writ of certiorari granted. 531 U.S. 1046 (per curiam). Justice Scalia concurs. Justices Stevens, Souter, Ginsburg, and Breyer dissent.
- December 11, 2000: Case argued.
- December 12, 2000: Judgment of the Florida Supreme Court reversed per curiam. Chief Justice Rehnquist, joined by Justices Scalia and Thomas, concurs. Justice Stevens, joined by Justices Ginsburg and Breyer, dissents. Justice Souter, joined by Justice Breyer in full, and Justices Stevens and Ginsburg in all but part C, dissents. Justice Ginsburg, joined by Justice Stevens in full, and Justice Souter and Breyer as to part I, dissents. Justice Breyer, joined by Justices Stevens and Ginsburg except as to part I-A-1, and Justice Souter as to part I, dissents.
- 531 U.S. 98
- 121 S. Ct. 525
- 148 L. Ed. 2d 388
- Opinion of the Court (per curiam), 531 U.S. 98, 100
- Concurrence of Chief Justice Rehnquist, 531 U.S. 98, 111
- Dissent of Justice Stevens, 531 U.S. 98, 123
- Dissent of Justice Souter, 531 U.S. 98, 129
- Dissent of Justice Ginsburg, 531 U.S. 98, 135
- Dissent of Justice Breyer, 531 U.S. 98, 144
Other Court Documents
- Order Granting Stay of Mandate and Petition for Certiorari (per curiam), 531 U.S. 1046 (2000)
- Transcript of Oral Arguments
- Questions Presented
Relevant Legal Documents
- 3 U.S.C. § 5 (de facto safe harbor)
- 3 U.S.C. § 15 (how Congress counts electoral college votes, and what it does if there are problems with the voting)