2000-2021 Copyright Gavin P. Smith. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Thank you and the best of luck to you on your LSAT exam. The third issue does raise Equal Protection Clause concerns in that the Florida Supreme Court failed to issue uniform standards for governing the recount.
It did not do that here because it did not specify... it did use the executive branch. The points awarded by Florida in 2000, which was 27, would put either Bush or Gore above this number. These ballots were known as "undervotes." Justice Kennedy, the Constitution specifically vested the authority to determine the manner of the appointment of the electors in state legislatures. But others worried that the Court had gone too far. For the first two issues, Plaintiff presents no evidence that a manual recount of votes would identify additional legal votes. Your Study Buddy will automatically renew until cancelled. --Can you begin by telling us our federal jurisdiction, where is the federal question here? Bush v. Gore Case Brief - Rule of Law: In the event of a contested presidential election, the Equal Protection Clause requires states conducting a manual recount of votes to issue uniform rules governing the recount to determine the intent of the voters and give equal weight to each vote. Oh, but you think then there is no appellate review in the Supreme Court of what a circuit court does? In this lesson, we will take a deeper look at this case. The report received top marks. Facts of the case.

This website requires JavaScript. Hi there, would you like to get such a paper? Plaintiff filed an emergency application for a stay to the Florida Supreme Court’s mandate that there had to be a manual recount of votes, alleging that the differing standards used to recount the votes in each county created a violation of the Fourteenth Amendment. The winner of Florida would become next the President of the United States based on the electoral college. The Supreme Court granted a stay and certiorari. Can you use this theory and say that it creates some sort of presumption of validity that allows us to see whether this court or the executive has gone too far? credit-by-exam regardless of age or education level. Enrolling in a course lets you earn progress by passing quizzes and exams. Instead, the Florida Supreme Court said that the statute required only a showing of “receipt of a number of illegal votes or rejection of a number of legal votes sufficient to change or place in doubt the result of the election.” The court held that Defendant met this standard and ordered a manual recount of votes which included a net gain of legal votes for Defendant identified by Palm Beach County and Miami-Dade County in earlier manual recounts following the election. Bush v. Gore Case Brief. Just four days later, without a single reference to this Court's December 4 ruling, the Florida Supreme Court issued a new, wholesale postelection revision of Florida's election law.

Otherwise, different standards will be applied throughout the recount for determining whether a vote was cast, resulting in impermissible inequality of treatment of votes. Academic Content. Just one week ago, this Court vacated the Florida Supreme Court's November 21 revision of Florida's election code, which had changed statutory deadlines, severely limited the discretion of the State's chief election officer, changed the meaning of words such as shall and may into shall not and may not, and authorized extensive standardless and unequal manual ballot recounts in selected Florida counties. reversed and remanded, affirmed, etc.

This site uses Akismet to reduce spam. However, in some cases, a piece of the card was left hanging (a hanging chad) or was merely indented (a dimpled chad), rather than a clean hole punched.

Al Gore supporters were incensed. I have read and agree to the terms & conditions. §5 for decisions governing the selection of electors provides that a state’s selection of electors is conclusive and governs the counting of electoral votes if the electors are chosen under state laws enacted prior to election day, and if the selection process is complete six days prior to the meeting of the Electoral College. Are Parent-Taught Pandemic Pods a Good Low-Cost Education Alternative? In the past, in landmark cases like Brown v. Board of Education (1954), which put an end to legal segregation, and United States v. Log in here for access. Get the unbiased info you need to find the right school. The holding and reasoning section includes: v1479 - b705b5e02d782e2236ca32952d2cf20f3c046f31 - 2020-09-25T12:14:31Z. This is an undergraduate level analysis written for an American Constitutional History course at a top-tier US private college. Bush v. Gore Case Brief - Rule of Law: In the event of a contested presidential election, the Equal Protection Clause requires states conducting a manual. In doing so, the court attempted to circumvent the safe harbor provision protecting the prior system of choosing state electors by imposing a completely new system. The Florida Supreme Court accorded no weight to the state secretary’s rejection of ballots recounted and submitted past the deadline for certifying results, and thus virtually eliminated both the deadline itself and the secretary’s discretion to disregard recounts violating it. The Court further noted that any further “appropriate” relief—such as a recount of ‘undervotes’ ordered by the Florida Supreme Court—in connection with the overall recount process had to have been completed by December 12. Create your account, Already registered? The Decision of the Court. The Florida Supreme Court’s interpretation of its own electoral law is entitled to deference. Before we begin the arguments, the Court wishes to commend all of the parties to this case on their exemplary briefing under very trying circumstances.

The Florida Supreme Court announced a reasonable and accurate interpretation of Florida state law.
← Whitman v. American Trucking Associations, Inc. Trinity Lutheran Church of Columbia, Inc. v. Pauley. This was due to the Supreme Court's ruling in the Bush v. Gore case, which looked at Florida's contested election results. Al Gore, U.S. presidential candidate, filed a lawsuit against the winner of the 2000 Presidential election, George W. Bush.

Get Bush v. Gore, 531 U.S. 98 (2000), United States Supreme Court, case facts, key issues, and holdings and reasonings online today. In examining the statutory scheme enacted by the Florida legislature for choosing electors, it is evident that the legislature intended to take advantage of the safe harbor provision in 3 U.S.C. Written and curated by real attorneys at Quimbee. A link to your Casebriefs™ LSAT Prep Course Workbook will begin to download upon confirmation of your email In fact, it vested considerable authority in the Secretary of State, designating the Secretary of State as the chief elections official, and as we point out, the very first provision in the election code requires the Secretary of State to assure uniformity and consistency in the application and enforcement of the election law. courses that prepare you to earn Cancel anytime. Unlock your Study Buddy for the 14 day, no risk, unlimited trial. Thus the case should have been resolved by the Florida Supreme Court based on an interpretation of state law.

Cancel anytime. On December 9, in a 5–4 decision, the U.S. Supreme Court ruled in the case of Bush v.Gore that the manual recounts must halt, and it agreed to hear oral arguments from both parties. This report could be used as a guide for research, a sample analysis for reference, or for direct reference with proper citation. When Bush was announced the winner in late-November 2000, the recount had not yet been completed. Gore then filed a complaint under a Florida Statute that provided for a contest of election results when there was “receipt of a number of illegal votes or rejection of a number of legal votes sufficient to change or place in doubt the result of the election.” The trial court rejected Gore's challenge and held that Gore failed to meet his burden of proof. To learn more, visit our Earning Credit Page. We break down the summary, brief, key players, facts and After Gore won the popular vote, the election’s outcome was contingent upon Florida and its twenty-five electoral votes. The electoral college combines the popular vote with congressional representation to determine how many points a state is worth. videos, thousands of real exam questions, and much more. However, electoral votes were due to be cast in six days. Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from The Understanding Law Video Lecture Series™: Monthly Subscription ($19 / Month) Annual Subscription ($175 / Year). The court thus ordered, among other things, a manual recount of the 9,000 ballots in Miami-Dade County and an additional manual recount of all undervote ballots in all Florida counties in which those ballots had not been subject to manual tabulation. Working 24/7, 100% Purchase Bush, Bill Clinton's Domestic Policy: the Economy, Healthcare, Welfare & Social Policies, Bill Clinton's Foreign Policy: the Middle East, Haiti, African & Northern Ireland, Congress in the Late '90s: Contract with America & Clinton's Impeachment, George W. Bush: 2000 Election & Domestic Agenda, George W. Bush: the 9/11 Terrorist Attack & War on Terror, Major Events of George W. Bush's Second Term, The American Economy & Government Policy in 2008, President Barack Obama: Election, Policies & Accomplishments, International Trade in the 1990s and Beyond, Post-Civil War U.S. History: Help and Review, Biological and Biomedical Get access risk-free for 30 days, We’re not just a study aid for law students; we’re the study aid for law students. and career path that can help you find the school that's right for you. There are several issues to discern. You have successfully signed up to receive the Casebriefs newsletter.

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