Gore v. Harris
| Bush v. Gore | |
|---|---|
|
|
| Argued December 11, 2000 Decided December 12, 2000 |
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| Full case name | George W. Bush and Richard Cheney, Petitioners v. Albert Gore, Jr. and Joseph Lieberman, et al. |
| Docket nos. | 00-949 |
| Citations | 531 U.S. 98 (more)
121 S. Ct. 525; 148 L. Ed. 2d 388; 2000 U.S. LEXIS 8430; 69 U.S.L.W. 4029; 2000 Cal. Daily Op. Service 9879; 2000 Colo. J. C.A.R. 6606; 14 Fla. L. Weekly Fed. S 26
|
| Argument | Oral argument |
| Prior history | Judgment for defendant, Fla. Cir. Ct.; matter certified to Florida Supreme Court, Fla. Ct. App.; aff'd in part, rev'd in part, sub nom. Palm Beach County Canvassing Bd. v. Harris, 772 So. 2d 1273 (2000); cert. granted, stay granted, 531 U.S. 1036 (2000) |
| 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. | |
| Court membership | |
| Case opinions | |
| Per curiam. | |
| Concurrence | Rehnquist, joined by Scalia, Thomas |
| Dissent | Stevens, joined by Ginsburg, Breyer |
| Dissent | Souter, joined by Breyer; Stevens, Ginsburg (all but part C) |
| Dissent | Ginsburg, joined by Stevens; Souter, Breyer (part I) |
| Dissent | Breyer, joined by Stevens, Ginsburg (except part I-A-1); Souter (part I) |
| Laws applied | |
| U.S. Const. art. II, amend. XIV; 3 U.S.C. § 5 | |
Bush v. Gore, 531 U.S. 98 (2000), is the United States Supreme Court decision that resolved the dispute surrounding the 2000 presidential election. The ruling was issued on December 12, 2000. On December 9, the Court had preliminarily halted the Florida recount that was occurring. Eight days earlier, the Court unanimously decided the closely related case of Bush v. Palm Beach County Canvassing Board, 531 U.S. 70 (2000). The Electoral College was scheduled to meet on December 18, 2000, to decide the election.
In a per curiam decision, the Court ruled that there was an Equal Protection Clause violation in using different standards of counting in different counties and ruled that no alternative method could be established within the time limit set by Title 3 of the United States Code (3 U.S.C.), ("Determination of controversy as to appointment of electors"), which was December 12. The vote regarding the Equal Protection Clause was 7–2, and regarding the lack of an alternative method was 5–4. Three concurring justices also asserted that the Florida Supreme Court had violated Article II, § 1, cl. 2 of the Constitution, by misinterpreting Florida election law that had been enacted by the Florida Legislature.
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