Why is bush v gore important

Supreme Court directing the lower court to transmit records for a case it will hear on appeal. In a per curiam decision, the court reversed The action of an appellate court overturning a lower court's decision. R [3]. On November 8, , the day following the Presidential election between George W. Since this margin was less than one-half of one percent of the votes cast, state law required an automatic machine recount under section The results of the recount showed that Bush had still won the election, but with a diminished margin.

However, a dispute arose concerning the deadline for local county canvassing boards to submit their returns to the Secretary of State by November On December 8, , the Florida Supreme Court ordered a manual recount of 9, contested ballots from Miami-Dade County, on which machines had failed to detect a vote for President referred to as undervotes. It also ordered the inclusion in the certified vote totals of votes identified in Palm Beach County and votes identified in Miami-Dade County for Democratic candidates for President and Vice President.

The court ruled that due to the closeness of the election, there were legal votes the uncounted votes that could be sufficient enough to place doubt on election results. The Republican candidates, Bush and Dick Cheney R , filed an emergency application for stay of this mandate. On December 9, the Supreme Court of the United States granted the application and granted certiorari Latin for "to be more fully informed.

This stopped the recount on the grounds that the November 26 deadline was not intended to exclude votes identified after that date through ongoing manual recounts, and that the newly identified legal votes could change the outcome of the election, thereby harming the legitimacy of the democratic process. The petitioner A party petitioning an appellate court to consider its case.

Constitution and failing to comply with 3. Section 5, and whether the use of standardless manual recounts violated the Equal Protection and Due Process Clauses. In a per curiam ruling, the court reversed The action of an appellate court overturning a lower court's decision. The court found that the Florida Supreme Court's recount order violated the Equal Protection Clause and that no further recount was allowed Justices Stevens , Souter , Ginsburg , and Breyer filed separate dissenting opinions.

In the per curiam opinion, the court ruled: [5] Regarding the Equal Protection Clause. The question before the Court is not whether local entities, in the exercise of their expertise, may develop different systems for implementing elections.

Instead, we are presented with a situation where a state court with the power to assure uniformity has ordered a statewide recount with minimal procedural safeguards.

When a court orders a statewide remedy, there must be at least some assurance that the rudimentary requirements of equal treatment and fundamental fairness are satisfied.

Section 5. That statute, in turn, requires that any controversy or contest that is designed to lead a conclusive selection of electors be completed by December In his opinion, Justice Rehnquist wrote: [7]. Surely when the Florida Legislature empowered the courts of the State to grant 'appropriate' relief, it must have meant relief that would have become final by the cutoff date of 3 U.

In light of the inevitable legal challenges and ensuing appeals to the Supreme Court of Florida and petitions for certiorari to this Court, the entire recounting process could not possibly be completed by that date. In his opinion, Justice Stevens wrote: [8]. In the interest of finality, however, the majority effectively orders the disenfranchisement of an unknown number of voters whose ballots reveal their intent-and are therefore legal votes under state law-but were for some reason rejected by ballot counting machines.

If we are to avoid a repeat of Bush v. Gore in , everyone must do their part. We urge each eligible citizen to register to vote, verify your registration information, find out how to request a vote-by-mail ballot, understand how to properly complete the ballot and how to check the status of your ballot and, if you decide to vote in person, know where to vote. The outcome of this presidential election will depend on each of us. If you do not think your vote matters, remember Bush v. Barbara Pariente was the second female justice, to serve on the Florida Supreme Court.

She was appointed to the court in and served until her mandatory retirement in She served as chief justice from She served as Chief Justice from Home Editorials Letters Mike Clark.

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