Bush V. Gore Case Study

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BUSH V. GORE
531 US 98 (2000)

Facts:

Following the U.S. Supreme Court's decision in Bush v. Palm Beach County Canvassing Board, and concurrent with Vice President Al Gore's contest of the certification of Florida presidential election results, on December 8, 2000 the Florida Supreme Court ordered that the Circuit Court in Leon County tabulate by hand 9000 contested ballots from Miami-Dade County. It also ordered that every county in Florida must immediately begin manually recounting all "under-votes" (ballots which did not indicate a vote for president) because there were enough contested ballots to place the outcome of the election in doubt. Governor George Bush and his running mate, Richard Cheney, filed a request for review in the U.S. Supreme
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This was supported by Florida Attorney General Bob Butterworth, a Democrat and chairman of the Florida Gore campaign, and opposed by Florida Secretary of State Katherine Harris, a Republican and co-chair of the Florida Bush campaign. On November 14, while the Palm Beach County Canvassing Board was recounting its ballots by hand, Harris officially certified the election for Bush.
Gore and Palm Beach filed suit against Bush and Harris in the Florida Supreme Court (Palm Beach County Canvassing Board v. Harris), and won a judgment on November 21 stating that Harris had abused her discretion and that the recount should go forward.
On November 22, Bush appealed to the United States Supreme Court in Bush v. Palm Beach County Canvassing Board, stating that the decision was in violation of a federal statute requiring electors to be finalized at a given point before the Electoral College met. The two parties delivered oral arguments to the Court on December 1. On December 4, the Court temporarily nullified the decision of the Florida state supreme court pending clarification of the legal basis for their rulings, and remanded the case to