Bush v. Gore, 531 US 98 (2000) was issued as an unsigned Per Curiam decision. Justice Anthony M. Kennedy wrote the majority opinion.
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How did the Court assert the power of judicial review in the Bush v. Gore case of 2000?
In Bush v. Gore, 531 US 98 (2000) George W. Bush was the petitioner; Al Gore was the respondent. The case involved manual ballot recounts in the State of Florida following the 2000 Presidential Election.
Florida
Docket (case) number: 00-949Citation for the case: Bush v. Gore, 531 US 98 (2000)Argued: December 11, 2000Decided: December 12, 2000Decision: 5-4, Bush, Per CuriamFor more information, see Related Questions, below.
The 15th amendment
During the 2000 US Presidential Election, the state of Florida had a ballot recount dispute. This dispute brought about the Bush v. Gore US Supreme Court case which determined that George W. Bush had won the election.
In Bush v Gore, 531 US 98 (2000), the votes were split 5-4 along partisan lines, with the conservative justices voting to suspend the Florida vote recount, and the liberal justice voting to allow it to continue. The conservative justices unanimously supported George W. Bush in his 2000 bid for the presidency.Majority (Bush)Chief Justice William H. RehnquistJustice Antonin ScaliaJustice Clarence ThomasJustice Anthony Kennedy (wrote the per curiam opinion)Justice Sandra Day O'ConnorDissenting (Gore)Justice John Paul StevensJustice Ruth Bader GinsburgJustice David SouterJustice Stephen BreyerAgreed Recount Methodwas UnconstitutionalJustice David SouterJustice Stephen Breyer
It was a Supreme Court Case decistion. George Bush beat Al Gore in Florida by one electoral vote. Gore, of course, wanted a recount and sued for it.Here is the Holding:"In the circumstances of this case, any manual recount of votes seeking to meet the December 12 "safe harbor" deadline would be unconstitutional under the Equal Protection Clause of the Fourteenth Amendment. Florida Supreme Court reversed and remanded."-Wikipedia
Chief Justice William H. Rehnquist presided over the Court in 2000. President Nixon appointed Rehnquist to the Supreme Court as an Associate Justice in 1972, and President Reagan elevated him to Chief Justice in 1986. Rehnquist lead the Court until his death in 2005.
In Bush v. Gore the candidate Bush claims that he was the plaintiff. Plaintiff to what? Firstly, he was never a candidate. That's right, neither Gore or Bush were presidential candidates in 2000. They were prospective candidates to the 25 electors who were to meet in December. Please recall: we do not have a direct presidential election. The State of Florida has a Legislature which has selected a popular vote method to choose its 25 electors.Thus, the only candidates in Florida were the various "candidate for electoral office" which Katherine Harris certifies as winners. Even Katherine Harris (the Sect. of State) erroneously declared George Bush the victor when she certified the state vote tally. How could she declare Bush the winner when the electors had not yet met and cast their votes? Was she insane? Al Gore and George Bush had nothing to do with her certifying twenty-five electors.Therefore, neither Bush nor Gore were candidates and the Court had no jurisdiction over Bush's case. The only jurisdiction that the court may have had was over one or more of the 25 electoral candidates. The Supreme Court should have dismissed the case because Bush had no legal standing in his demand. The Court should have rule, "Case dismissed for Lack of Jurisdiction!!"
Bush v. Gore, 531 US 98 (2000)
The case was George W. Bush, et al. vs. Albert Gore, Jr., et al., which was decided by the U.S. Supreme Court on December 12, 2000.