Bush v. Gore Presidential Election 2000: Supreme Court Battles!!
Because the Nov 7, 2000 vote in Florida was
less than 0.5% margin, with G.W. Bush in the lead,
the
Democrats decided to get the State of Florida court system to help force a
manual recount of
the votes;
in selected counties having an extremely high Democratic Voter population (Miami
Dade,
Palm Beach,
Broward, and Volusia Counties). The Election Canvassing Committees
for each of these
Counties were
highly Democratic Majority; so their recounting efforts were likely to
"divine" votes
for Gore as follows:
Assuming the party chosen on the ballots indicated a choice for the President,
when the ballots were NOT
voted for president (Undervotes); and looking for marks, dimpled chads,
pregnant
chads, and hanging chads
to see if they were close enough to a vote to call a vote for Gore.
None
of the other counties were chosen,
nor was a consistent standard applied agreeable to both parties.
This
matter became a subject of many
lawsuits and subsequent strings of appeals. The Florida Supreme
Court had
an activist role in giving
sway to the Democrats to conduct their manual recounts as they saw
fit; and this
court also provided
"fashioned" remedies to aid in "legalizing the
efforts". It was adjudged
by the United States Supreme
Court TWICE that there were significant questions regarding the violations
of
the equal protection clause
of the U.S. Constitution, article II. There were also concerns regarding
the
legality of the time extension
used to authorize the manual recounts, vice the requirements of 3 USC 5, a
Federal Statute controlling
the Presidential Election Laws. The finality of the litigation nightmares
was
reached when it was decided
7-2 Per Curium by the U.S. Supreme Court to overturn and remand the
judgment of
the the Florida Supreme Court, re U.S.S.C Case #00-949. When this ruling
came down
late on Tuesday, Dec 12, the next day,
Gore was compelled the next day to Concede the Election to
George W. Bush. It was determined by the
U.S. Supreme Court that there
was no longer time for any
recounts, plus if any more recounts were attempted
via a refashioned remedy
under new Florida Supreme
Court orders, they would likewise be
unconstitutional! Thus, no more options
were available to the
Democrats to count the remaining undervotes (NON votes
possibly convertible to
Gore Votes).
Ultimately, the election took 36 days to
implement, due to the extraordinary judicial orders and
matching interventions
and blocking maneuvers, plus the appeals. It was a legal Free-for-All!
Citizens, attorneys,
and legal teams filed lawsuit after lawsuit. Many documents regarding
these
legal cases may be found
on the web at CNN (via pdf files from the Findlaw web archives!); or
from C-Span
archives. The specific
Courts also have webs where their court documents may be viewed!
CNN in my opinion did an outstanding job in
keeping their web http://www.cnn.com up to
date, plus
the
special experts on the scene provided excellent background for understanding the
aspects of the
cases.
Several court actions were shown live on T.V., which must have been great for
Law students.
Hearings
at the U.S. Supreme Court were not allowed to be televised. An audio
feed was made
available, after
the hearings, where you could hear the legal arguments and questions from the
Justices.
The proceedings were many and frequent.
Later, I plan to post a summarized timeline as to what
each court case's history consisted of from first filing to final
judgment. A lot was done in parallel,
so it will be a while to gather my notes and post this info.
For now, because my summary will involve the
highest court levels, I will not include all litigation.
For a relatively complete list of the election 2000 court documents you can
download, visit the
CNN Law Library, or the C-Span
Law Library.
For the election cases that went to the U.S.
Supreme Court, I have downloaded the petitions for
Certiorari, the Writs of Certiorari granted, the argument briefs of opposing
Litigation teams, and
the Orders and Opinions of the Justices. You can also download these at the
above cited websites.
These are copies of the actual Legal Documents used throughout the various
stages of litigation.
There were no jury trials. All were handled in courts where the judges or
justices therein provided
the sole hearings and judgments.
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