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Jan 9, 2024

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Title: Bush v. Gore (2000) Facts of the case: The case arose from the disputed presidential election in 2000 between George W. Bush and Al Gore (Amar, 2001). The election results in Florida were incredibly close, with Bush leading Gore by a narrow margin. Gore requested a recount in certain counties, but legal disputes arose over the process and standards for the recount. History of the case: The case started in the Florida Circuit Court, where the court ordered a manual recount of the disputed ballots (Gillman & Clayton, 2004). The case was then appealed to the Florida Supreme Court, which ordered a statewide recount. However, the Bush campaign filed an emergency appeal to the United States Supreme Court. Legal questions: The main legal question in the case was whether the recount process in Florida violated the Equal Protection Clause of the Fourteenth Amendment (Rosenberg, 2001). Decision or holdings: The United States Supreme Court, in a per curium decision, held that the recount process in Florida violated the Equal Protection Clause (Hasan, 2003). The court ruled that different counties had different standards for determining voter intent, leading to an unequal treatment of voters. As a result, the court ordered an end to the recount, effectively handing the presidency to George W. Bush. Verdict and opinion (judgment): The Supreme Court's decision was a 7-2 ruling in favor of George W. Bush. The court argued that the recount process in Florida lacked a uniform standard for determining voter intent, leading to a violation of the Equal Protection Clause. Justices John Paul Stevens and Stephen Breyer dissented from the majority opinion. Conclusion: The case of Bush v. Gore involves both civil rights and civil liberties. Civil rights are implicated because the case dealt with the right to vote and the equal protection of voters in the election process. The dispute centered on the recount process and the treatment of ballots, which are fundamental to the exercise of voting rights. Additionally, civil liberties are at stake in this case as it involved issues of due process and the fair treatment of voters. The Supreme Court's decision in this case had significant implications for the civil rights and civil liberties of individuals participating in the electoral process. Some balances refer to the system in a government checks and balances are essential in ensuring the effectiveness of the bureaucracy, preventing the federal executive from straying in matters concerning the lives and welfare of Americans (Chamberlain University, 2023). The Supreme Court holds a crucial

position in checks and balances, serving as the highest court in the United States and adjudicating important cases (Chamberlain University, 2023). The ruling in Bush v. Gore was highly controversial and had a significant impact on the outcome of the presidential election. It marked the first time that the Supreme Court intervened in a presidential election dispute. The decision halted the recount efforts in Florida and effectively determined the winner of the election. The case sparked debates about the role of the Supreme Court in elections and raised questions about the fairness and integrity of the electoral process. The ruling had a lasting impact on the American political landscape and highlighted the importance of equal protection and due process rights in elections. References Amar, A. R. (2001). The Document-Based Approach to Bush v. Gore. The Yale Law Journal, 110(7), 1407- 1487. Retrieved from https://www.jstor.org/stable/797525 Chamberlain University. (2023). The Executive Branch and The Courts. Retrieved from Week 6: Lesson | The Executive Branch and The Courts: Political Science-Bozovic (instructure.com) Gillman, H., & Clayton, C. W. (2004). Constitutional law and politics: Civil rights and civil liberties. Cengage Learning. Hasen, R. L. (2003). The Supreme Court, 2002 Term—Foreword: Beyond the Count—The Lack of Finality in the Florida Decision and the Future of Bush v. Gore. Harvard Law Review, 116(1), 43-88. Retrieved from https://www.jstor.org/stable/1342364 Rosenberg, G. N. (2001). The Hollow Hope: Can Courts Bring About Social Change? University of Chicago Press.

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