Landmark Supreme Court Case · Elections
Bush v. Gore (2000)
- Decided
- 2000
- Vote
- 7–2 on the equal protection problem; 5–4 on the remedy
- Opinion
- Per curiam (unsigned) opinion
- Constitutional provisions
Facts of the case
The 2000 presidential election came down to Florida's electoral votes. Texas Governor George W. Bush led Vice President Al Gore by only a few hundred votes out of nearly 6 million cast. Gore contested the result, and the Florida Supreme Court ordered a statewide manual recount of "undervotes," ballots on which machines had detected no vote for president. Different counties used different standards to judge voter intent, such as "hanging" or "dimpled" chads on punch-card ballots.
The constitutional question
Did the Florida recount, with its varying standards from county to county, violate the Equal Protection Clause? If so, what remedy was appropriate?
The decision
Seven justices agreed that the recount, as conducted without uniform standards, violated equal protection by valuing one person's vote over another's. Five justices held that no valid recount could be completed by the December 12 deadline for safely choosing electors, so the recount was ended.
The Court's reasoning
The majority said its decision was "limited to the present circumstances." The dissenters argued that the recount should continue or that the issue belonged to Florida.
Why it matters
It effectively decided the 2000 election: Bush won Florida's electoral votes and the presidency, and Gore conceded. It also illustrated how the Electoral College works and led to election reforms such as the Help America Vote Act of 2002, which helped replace punch-card ballots.