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Bush V. Gore Case Study

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Bush v. Gore was a Supreme Court case that occurred in 2000 after the presidential

election between George W. Bush and Al Gore. After Florida citizens casted their votes, officials

noticed the numbers were very close; Bush led Gore by only about 1,800 votes. Florida law

allowed Gore the option of manual recount in the Florida counties of his choice. He chose to

have votes of four counties recounted. Florida law also required that the state’s election be

certified by the Secretary of State, Katherine Harris, within 7 days of the election (November

14th, 2000). Three of the four counties were unable to complete the recount by the deadline. On

November 14th, a Florida circuit court ruled that Secretary Harris must respect the deadline, …show more content…

They could not agree on

many aspects of the case, as two majority opinions and four minority opinions were filed. They

explained that they made their decision based on the fact that the state of Florida violated the

14th Amendment by enacting a recount, the Equal Protection Clause specifically. This clause

requires the federal government to respect, maintain, and uphold the legal rights of American

citizens. Government cannot infringe on the civil rights of the people. They decided that asking

for the recounts violated the rights of the citizens of Florida (phschool.com, 1).

Florida Supreme Court ruled that the recount order was unconstitutional mainly because

of the Equal Protection Clause of the 14th Amendment. This clause granted protection to ballots

and the citizens casting them. It forbids government from denying "to any person within their

jurisdiction the equal protection of the laws”. The court argued that privately voting in a

presidential election is a fundamental right guarded by this clause. They also alleged that the

order consisted of unequal processes that violated the intent of the voter. These orders went

beyond the standards required to be followed by Florida law (McBride,

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