Wednesday, October 26, 2011

Supreme Court and the 2000 election

Facts/Details:
  1. Bush vs. Gore was decided under the Rehnquist Court
  2. The court decision was 5-4 in favor of Bush
  3. Bush vs. Gore was actually the 4th intervention by the Supreme Court in the litigation over the outcome of the presidential election.
  4. On November 13th, Florida Secretary of State Katherine Harris announced that the statutory deadline of the recount was November 14th, 2000. It was later extended.
  5. In seeking certiorari, Bush raised three federal challenges to the decision of the Florida Supreme Court.
  6. On December 8th, the Florida Supreme Court ruled a manual recount was required by state law. 
  7. The Court's decision lacked any basis in precedent.
  8. In the 1960's and 1970's there was an effort to use the Due Process and Equal Protection Clauses to try and ensure more rule-bound decisions. 
Questions:
  1. Since there was no precedent, how did the Supreme Court go about making its decision?
  2. What are the effects of minimalism?
  3. Should a Supreme Court decision have to be unanimous to go into effect?
  4. Did political ideology play a factor in the Court's decision?
  5. How will what happened in the 2000 election prepare the government for a similar problem in the future?

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