Supreme Court and the 2000 election
Facts/Details:
- Bush vs. Gore was decided under the Rehnquist Court
- The court decision was 5-4 in favor of Bush
- Bush vs. Gore was actually the 4th intervention by the Supreme Court in the litigation over the outcome of the presidential election.
- 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.
- In seeking certiorari, Bush raised three federal challenges to the decision of the Florida Supreme Court.
- On December 8th, the Florida Supreme Court ruled a manual recount was required by state law.
- The Court's decision lacked any basis in precedent.
- 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:
- Since there was no precedent, how did the Supreme Court go about making its decision?
- What are the effects of minimalism?
- Should a Supreme Court decision have to be unanimous to go into effect?
- Did political ideology play a factor in the Court's decision?
- How will what happened in the 2000 election prepare the government for a similar problem in the future?
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