Ayauna Washington
16 September 2023
Dr. Bridgette Morgan
Bush v. Gore was a significant legal case in the United States that arose during the 2000 presidential election between George W. Bush and Al Gore. It had elements of both political and legal significance, but it was primarily a legal question with constitutional implications. The central issue in Bush v. Gore was the recount of disputed ballots in Florida, which would determine the outcome of the presidential election. The legal question revolved around whether the recount procedures in Florida violated the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution. The Supreme Court's decision ultimately hinged on this constitutional issue, as they ruled 7-2 that the recount method in use was unconstitutional because it lacked uniform standards for recounting votes. However, the case was undoubtedly political in nature because it had a direct impact on the outcome of a highly contested presidential election. It became a matter of intense national and international interest, and it raised questions about the role of the Supreme Court in resolving such a politically charged issue. In summary, Bush v. Gore was primarily a legal case with constitutional implications, but it had significant political consequences and was widely seen as a highly political decision by the
Supreme Court due to its impact on the presidency.
Flaws – Equal Protection Clause interpretation: The majority opinion's reliance on the Equal Protection Clause of the Fourteenth Amendment has been criticized for being inconsistent with the Court's usual deference to state election procedures. Lack of clear guidance, timing and expedience, dissenting opinions, Limited precedential value, perceived partisanship.
