The Bush campaign immediately asked the U.S. Supreme Court to stay the decision and halt the recount. An analysis in The Georgetown Law Journal found that 78 scholarly articles were published about the case between 2001 and 2004, with 35 criticizing the decision and 11 defending it.[50]. [4] On the other hand, under scenarios involving review of limited sets of ballots uncounted by machines, Bush would have kept his lead. Justice Antonin Scalia, convinced that all the manual recounts being performed in Florida's counties were illegitimate, urged his colleagues to grant the stay immediately. Any candidate who receives an absolute majority of all electoral votes nationally (270 since 1963) wins the presidential or vice presidential election. [1] Jack Balkin, writing in Yale Law Journal, considered this to be a cheap trick to construct the illusion of a larger majority, likening it to "saying that two doctors agree that a patient is sick, but one wants to use leeches, and the other wants to prescribe antibiotics". Preventing the recount from being completed will inevitably cast a cloud on the legitimacy of the election. 2 of the U.S. Constitution. (1982). [70] However, both justices remained on the Court beyond President Bush's first term, until Rehnquist's death in 2005 and O'Connor's retirement in 2006, although George W. Bush was still president during O'Connor's retirement. Der Film zeigt Mitschnitte seiner in vielen Städten vorgestellten Präsentationen, in denen er seine Sicht auf wissenschaftliche und politische Aspekte der … The Court had to resolve two different questions to fully resolve the case: Three days earlier, the five-Justice majority had ordered the recount stopped,[27] and the Court had to decide whether to restart it. The Court stated that the per curiam opinion's applicability was "limited to the present circumstances, for the problem of equal protection in election processes generally presents many complexities." Al Gore served as vice president during the Clinton Administration. Als Präsidentschaftskandidat unterlag er bei den Wahlen im Jahr 2000 dem Gegenkandidaten George W. Bush. [14] On that date the Florida Supreme Court, by a 4–3 vote, ordered a statewide manual recount. Seitdem ist er als Gastprofessor Some critics argued that the Court's decision was a perversion of the Equal Protection Clause[83] and contrary to the political question doctrine. Otherwise, their position is wholly without merit. An NBC News/Wall Street Journal poll showed that 53% of respondents believed that the decision to stop the recount was based mostly on politics. On federal constitutional questions that were not fairly presented to the court whose judgment is being reviewed, we have prudently declined to express an opinion. [b][73], The scenarios involving limited sets of ballots included the completed uncertified recount by Palm Beach County, which nevertheless had excluded a set-aside cache of dimpled ballots with clear indications of intent, an uncounted net gain of 682 votes for Gore. Im Jahr 2007 erhielt er für sein So will er "[39] Breyer's dissent stated, "By halting the manual recount, and thus ensuring that uncounted legal votes will not be counted under any standard, this Court crafts a remedy out of proportion to the asserted harm. The "set aside" ballots were dimpled ballots that were challenged by the two parties. Specifically, Florida Supreme Court order as being implemented: accepts completed recounts in eight counties and certified counts from four counties that refused to recount; applies the "county custom standard" (what each individual county canvassing board considered a vote, in regard to both undervotes and overvotes) to remaining Miami-Dade and other 55 counties. [86], Justice Stevens' criticism of the Court in his dissent for questioning the impartiality of Florida's judiciary was itself criticized by Lund, a former law clerk for Justice O'Connor. Gore, 531 U.S. 98 (2000), was a decision of the United States Supreme Court on December 12, 2000, that settled a recount dispute in Florida's 2000 presidential election between George W. … A meaningful remand in Bush v. Gore, or completing the election under the Court's own supervision, would have preserved the Constitution from this assault. Das Buch kann ich wärmstens empfehlen. According to Steven Foster of the Manchester Grammar School: On the eve of the election Sandra Day O'Connor had made a public statement that a Gore victory would be a personal disaster for her. Determination of controversy as to appointment of electors", "3 U.S. Code § 5 - Determination of controversy as to appointment of electors", "Scalia and Stevens clash over recount stay in Bush v. Gore", "The Unbearable Rightness of Bush v. Gore",, "The Lawfulness of the Election Decision: A Reply to Professor Tribe", "Is There a First Amendment Defense for Bush v. Memorably, Al Gore won the popular vote but lost the election. The Florida Supreme Court did not specify who would recount the ballots. [20] Because of the extraordinary nature and argued urgency of the case, the U.S. Supreme Court issued its opinion in Bush v. Gore on December 12, 2000, a day after hearing oral argument. (The case had also been argued on the basis of Article II jurisdictional grounds, which found favor with only Justices Scalia, Clarence Thomas, and William Rehnquist.) [42], According to the Court, the statewide standard (that a "legal vote" is "one in which there is a 'clear indication of the intent of the voter'"[43]) could not guarantee that each county would count the votes in a constitutionally permissible fashion. The Supreme Court decision allowed the previous vote certification made by Florida Secretary of State Katherine Harris to stand for George W. Bush, who thereby won Florida's 25 electoral votes. Florida later changed to new voting machines to avoid punch cards, which had produced dimpled or hanging chads. She further announced that after she received the certified returns of the overseas absentee ballots from each county, she would certify the results of the presidential election on November 18. The most closely decided aspect of the case was the key question of what remedy the Court should order, in view of an Equal Protection Clause violation. Three of the seven Florida Supreme Court justices also found an Equal Protection violation when the manual ballot-counters used different procedures to examine identical ballots and count them differently.[69]. [9] Florida's election laws[10] allow a candidate to request a county to conduct a manual recount, and Gore requested manual recounts in four Florida counties: Volusia, Palm Beach, Broward, and Miami-Dade, which are counties that traditionally vote Democratic and would be expected to garner more votes for Gore. [1], It has been argued that none of the justices ended up voting in a way that was consistent with their prior legal jurisprudence,[17][50]though this conclusion has been challenged by George Mason University law professor Nelson Lund. A Princeton Survey poll recorded 46% of respondents saying that the decision made them more likely to suspect the partisan bias of the judges in general. The Washington Post qualified the tallies conducted by the NORC consortium with the statement: "But no study of this type can accurately recreate Election Day 2000 or predict what might have emerged from individual battles over more than 6 million votes in Florida's 67 counties. [71], The day after Thanksgiving, when the conservative justices agreed to hear Bush's appeal in the case of Bush v. Palm Beach County Canvassing Board (excluding Bush's equal protection claim), the opposing justices were convinced that the majority intended to reverse the Florida Supreme Court and shut down the recount. Unknown at the time, but observed in the later media recounts, there was a significant number of such valid overvotes found among the rejected ballots in optical scan counties, which largely favored Gore. Befriedigend/Good: Durchschnittlich erhaltenes Buch bzw. In the case of the presidential election, the determination of reasonableness must be circumscribed by the provisions of 3 U.S.C. That's because American presidents are elected by the Electoral College rather than the overall number of votes . Rehnquist also mentioned that he, along with Justices Scalia and Thomas, joined the Supreme Court's per curiam opinion and agreed with the legal analysis that was presented there. Counting every legally cast vote cannot constitute irreparable harm. [29] Furthermore, Gore argued that the consequence of ruling the Florida recount unconstitutional simply because it treated different voters differently would effectively render every state election unconstitutional[30] and that each voting mechanism has a different rate of error in counting votes. His Democratic opponent, Al Gore, officially conceded on December 13 and stated in a televised address, “While I strongly disagree with the court’s decision, I accept it.” On the evening of November 7, 2000, a clear winner had yet to emerge in that day’s U.S. presidential election between Bush and Democratic candidate Al Gore . Second, the Court ruled 5–4 against the remedy, proposed by Justices Stephen Breyer and David Souter, of sending the case back to Florida to complete the recount using a uniform statewide standard before the scheduled December 18 meeting of Florida's electors in Tallahassee. After addressing this aspect of the case, Rehnquist examined and agreed with arguments that had been made by the dissenting justices of the Florida Supreme Court. Available at SSRN: The dissent by Justice Stevens in Bush v. Gore stated, "What must underlie petitioners' entire federal assault on the Florida election procedures is an unstated lack of confidence in the impartiality and capacity of the state judges who would make the critical decisions if the vote count were to proceed. Article II, § 1, cl. A subsequent article in Vanity Fair quotes several of the court's clerks at the time who were critical of the decision. But evidence in the record here suggests that a different order of disparity obtains under rules for determining a voter's intent that have been applied (and could continue to be applied) to identical types of ballots used in identical brands of machines and exhibiting identical physical characteristics (such as "hanging" or "dimpled" chads). Eine unbequeme Wahrheit ist Infotainment auf der Höhe der Zeit. Footnotes 17 and 22 state:[19]. [52][87][88] Professor Charles Zelden faults the per curiam opinion in the case for, among other things, not declaring that the nation's electoral system required significant reform, and for not condemning administration of elections by part-time boards of elections dominated by partisan and unprofessional officials. However, the Court did not state what those complexities were, nor did it explain (or apparently consider) why the absence of a constitutionally acceptable standard for counting votes, which was the basis for the Court's ruling, would not have invalidated the entire presidential election in Florida. "Seven Justices of the Court agree that there are constitutional problems with the recount ordered by the Florida Supreme Court that demand a remedy." Eine radikalere Haltung sucht man bei Al Gore freilich vergeblich, schliesslich war er US-Vizepräsident unter Bill Clinton. Nelson Lund in this 2002 article suggests that one type of ballot being referred to here could have "both a clean [machine readable] hole for one candidate and a dimpled or indented chad for another candidate[,]" which, according to Lund, were quite common. Gore.[80]. ©2007 Al Gore (P)2007 Penguin Audio, a member of Penguin Group (USA), Inc. Kritikerstimmen "Soon the political world will be buzzing about Gore's new book...about the assault on reason. [83] Although stay orders normally do not include justification, Scalia concurred to express some brief reasoning to justify it, saying that one potential irreparable harm was that an invalid recount might undermine the legitimacy of Bush's election (presumably if, for example, it were to find that Gore should have won). This was cheating, and a violation of the judicial oath.[68]. Kennedy has since been identified as the primary author of the opinion. According to Nelson Lund, former law clerk to Justice O'Connor and associate counsel to George H. W. Bush,[52] a dissenter might argue that the Florida Supreme Court was discussing the "protest provisions of the Florida Election Code, whereas the issues in Bush v. Gore arose under the contest provisions." [6] The margin of victory was less than 0.5% of the votes cast, so a statutorily-mandated[7] automatic machine recount occurred. And he's been everywhere, from the North Pole to the South Pole(literally), from Taiwan to Kenya and everywhere in between. [82] Supporters of the stay, such as Charles Fried, contend that the validity of the stay was vindicated by the ultimate decision on the merits and that the only thing that the stay prevented was a recount "being done in an unconstitutional way."[84]. However, Souter and Breyer favored remanding the case to the Florida Supreme Court for the purpose of crafting specific guidelines for how to count disputed ballots, in contrast to the majority's decision to halt the recount altogether. According to Scalia, It suffices to say that the issuance of the stay suggests that a majority of the Court, while not deciding the issues presented, believe that the petitioner has a substantial probability of success. "The only disagreement is as to the remedy." [13], Harris issued a set of criteria[6] by which she would determine whether to allow late filings, and she required any county seeking to make a late filing to submit to her, by 2 p.m. the following day, a written statement of the facts and circumstances justifying the late filing. According to Stone: No one familiar with the jurisprudence of Justices Rehnquist, Scalia, and Thomas could possibly have imagined that they would vote to invalidate the Florida recount process on the basis of their own well-developed and oft-invoked approach to the Equal Protection Clause. Last paragraph in Part II. [68] Harvard University law professor Alan Dershowitz writes: [T]he decision in the Florida election case may be ranked as the single most corrupt decision in Supreme Court history, because it is the only one that I know of where the majority justices decided as they did because of the personal identity and political affiliation of the litigants. war ein Gerichtsfall, der vor dem Obersten Gerichtshof der Vereinigten Staaten verhandelt wurde. ", Palm Beach County Canvassing Board v. Harris, Bush v. Palm Beach County Canvassing Board, List of United States presidential elections by Electoral College margin, Unprecedented: The 2000 Presidential Election, 2000 United States presidential election in popular culture, "Search - Supreme Court of the United States", "Data Files – NORC Files, Media Group Files", "The 2000 Florida Statutes, Title IX, Chapter 102, Section 141", "The 2000 Florida Statutes, Title IX, Chapter 102, Section 166", "The 2000 Florida Statutes, Title IX, Chapter 102, Section 112", "Leon County Judge Rules on Certification", "Bush v. Gore and the Boundary between Law and Politics", Transcript and audio of oral arguments in, "US CODE: Title 3,5. All were among 10,310 undervotes in the county. On questions of state law, we have consistently respected the opinions of the highest courts of the States. Five justices agreed that December 12 (the date of the decision) was the deadline Florida had established for recounts in keeping with 3 U.S.C. [45] The actual counting had ended with the December 9 ruling, issued three days before any deadline. So quit bothering us. [12] Before the 5 p.m. deadline on November 14, Volusia County had completed its manual recount and certified its results. Lund cites the. In one such scenario — Al Gore's request for recounts in four predominantly Democratic counties — Bush would have won by 225 votes. If the recounts were unconstitutional, what is the remedy? Palm Beach County changed standards for counting dimpled chads several times during the counting process; Broward County used less restrictive standards than Palm Beach County; Miami-Dade County’s recount of rejected ballots. Al Gore ist ein kluger Kopf, sozusagen die positive Seite Amerikas. 93 Min. Later interviews by Vanity Fair indicated that Breyer and Souter were trying to appeal to Kennedy to join them on the remedy, rather than actually agreeing that an equal protection violation had occurred. Usually, federal courts do not make that type of assessment, and indeed the per curiam opinion in this case did not do so. § 5." However, Florida law also required all counties to certify their election returns to the Florida secretary of state within seven days of the election;[11] and several of the counties conducting manual recounts did not believe they could meet this deadline. Random House, 2002, p. 66. Al Gore: "Die Zukunft" - Leseprobe beim Siedler Verlag Rezensionsnotiz zu Süddeutsche Zeitung, 01.07.2014 Die Frage ob die Welt, aber vor allem Amerika, zu kompliziert und zu sehr den Interessen des großen Geldes ausgeliefert sei, um noch gerettet zu werden, bildet, so ein durchaus angetaner Rainer Stephan, den roten Faden in Al Gores "Die Zukunft". At an election night party, O'Connor became upset when the media initially announced that Gore had won Florida, her husband explaining that they would have to wait another four years before retiring to Arizona. [72] The five conservative justices decided to involve the federal judiciary in a matter that could have been left to the states, while also expanding the previous US Supreme Court interpretations of the Equal Protection Clause. § 5." 1, National Coalition for Men v. Selective Service System,, 2000 United States presidential election in Florida, George W. Bush 2000 presidential campaign, United States Supreme Court cases of the Rehnquist Court, Short description is different from Wikidata, Creative Commons Attribution-ShareAlike License. Louise Weinberg argues that even giving the U.S. Supreme Court the benefit of the doubt that it acted appropriately in intervening in Florida state law, its actions should be deemed unconstitutional because its intervention was not coupled with any kind of remedy aimed at determining the actual outcome of the election. While these laws vary, most states, including Florida, award all electoral votes to the candidate for either office who receives a plurality of the state's popular vote. Stevens demanded his name be removed from the majority, which Kennedy agreed to only after Stevens pulled his name from Breyer's dissent. After Gore won the popular vote, the election’s outcome was contingent upon Florida and its twenty In retort, Lund writes that the Florida court's decision in the contest case did not mention any alternative possible deadlines. Id. Two voters could have marked their ballots in an identical manner, but the ballot in one county would be counted while the ballot in a different county would be rejected, because of the conflicting manual recount standards.[28]. [18] Theodore Olson, a Washington, D.C., lawyer, delivered Bush's oral argument. [1], The Court ruled 5–4 that no constitutionally valid recount could be completed by a December 12 "safe harbor" deadline. Today, state legislatures have enacted laws to provide for the selection of electors by popular vote within each state. In the United States, each state conducts its own popular vote election for president and vice president. Ob Geoge W. Bush es jemals in den Händen hatte? In brief, the breakdown of the decision was: The Supreme Court, in a per curiam opinion, ruled that the Florida Supreme Court's decision, calling for a statewide recount, violated the Equal Protection Clause of the Fourteenth Amendment. Al Gore Presidential Campaign, 1988, Al Gore Presidential Campaign, 2000, Vice Presidency of Al Gore, Al Gore and Information Technology, List of Artikel-Nr. They note that, despite the per curiam decision's declaration that the case was taken "reluctantly", Justice Kennedy had been rather enthusiastic about taking the case all along. [47], However, Gore dropped the case, reportedly because he was not optimistic about how the Florida justices would react to further arguments and, as one of his advisers put it, "the best Gore could hope for was a slate of disputed electors. [1], The liberal law clerks noted Justice Scalia later had begun campaigning for the stay of the Florida court's December 8 recount order before the Court had received Gore's response to Bush's request and was so incensed at Stevens's dissent in the matter of the stay and grant of certiorari, that he requested the release of opinions be delayed so that he could amend his opinion to include a response to Stevens. Encyclopaedia Britannica's editors oversee subject areas in which they have extensive knowledge, whether from years of experience gained by working on that content or via study for an advanced degree.... Help support true facts by becoming a member. Each county was on its own to determine whether a given ballot was an acceptable one. Clinton and Gore were inaugurated on January 20, 1993. § 5, regulates the "determination of controversy as to appointment of electors"[23] in presidential elections. Bush v. Gore prompted many strong reactions from scholars, pundits and others regarding the Court's decision, with a majority of publications in law reviews being critical. Gore's attorneys therefore understood that they could fight on and could petition the Florida Supreme Court to repudiate the notion that December 12 was final under Florida law. The Court also decided to treat Bush's application for relief as a petition for a writ of certiorari, granted that petition, requested briefing from the parties by 4 p.m. on December 10, and scheduled oral argument for the morning of December 11. Although opinions are rarely issued in connection with grants of certiorari (a minimum of four of the nine justices must vote in favor of the grant), Justice Scalia filed an opinion concurring in the Court's decision, noting that "a brief response is necessary to [Justice Stevens's] dissent". "[51] McConnell points to Footnotes 17 and 22 of the Florida Supreme Court's December 11 opinion in Palm Beach County Canvassing Board v. Harris, which characterized the safe harbor date of December 12 as an "outside deadline." [6] On November 21, it allowed continuation of the manual recounts and delayed certification until November 26.[6]. [61] Regardless of whether the majority intended the decision to be precedential, it has been cited by several federal courts in election cases,[62][63][64][65][66] as well as by a lawyer for a Republican congressional candidate during legal arguments coincident with the 2020 United States Presidential Election.[67]. [81] On the other hand, Geoffrey R. Stone has expressed sympathy with the Court's equal protection reasoning, even though Stone was dismayed by what he saw as the sudden and suspect conversion of Justices Rehnquist, Scalia and Thomas to that equal protection principle. Time will one day heal the wound to that confidence that will be inflicted by today's decision. Constitutional provision on which the decision in Bush v. Gore was based.[21]. Id. Editorials in the country's leading newspapers were overwhelmingly critical of the decision. Nach vier Verhandlungstagen urteilte im Oktober 2007 ein Richter am High Court in London, dass der Film den Stand der Forschung zu Ursachen und wahrscheinlichen Folgen des Klimawandels weitgehend korrekt wiedergebe. It is the Nation's confidence in the judge as an impartial guardian of the rule of law. Last paragraph in Part II. [50] Polls showed a range of reactions, with 37–65% of respondents believing that personal politics influenced the decision of the justices, depending on the poll. This was the most closely decided issue in the case. Clarence Thomas's wife was so intimately involved in the Bush campaign that she was helping to draw up a list of Bush appointees more or less at the same time as her husband was adjudicating on whether the same man would become the next President. Seven justices agreed that there was an Equal Protection Clause violation in using differing standards of determining a valid vote in different counties, causing an "unequal evaluation of ballots in various respects". Of particular relevance[21] to this case was the so-called "safe harbor" provision, which assures Congress' deference to states in their appointments of electors if done by a specified deadline: If any State shall have provided [...] for its final determination of [...] the appointment of all or any of the electors of such State [...] at least six days before the time fixed for the meeting of the electors, such determination [...] shall be conclusive.[24]. ist Infotainment auf der Höhe der Zeit. Four justices (Stevens, Souter, Ginsburg and Breyer) specifically disputed this in their dissenting opinions, and the remaining two Justices (O'Connor and Kennedy) declined to join Rehnquist's concurrence on the matter. [3] The project's goal was to determine the reliability and accuracy of the systems used in the voting process, including how different systems correlated with voter mistakes. 2000 verlor er nur knapp und unter bis heute umstrittenen Umständen die Präsidentschaftswahlen gegen George W. Bush. If Bush prevails, Gore argued, every state would have to have one statewide method of recording votes to be constitutional. One thing, however, is certain. Al Gore, geboren 1948 in Washington, war von 1993 bis 2001 Vizepräsident der USA. Justice Stevens's dissent (joined by Justices Breyer and Ginsburg) concluded as follows:[46]. The study was conducted over a period of 10 months.
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