Bush V. Gore

Bush v. Gore, 531 U.S. 98 (2000), is the United States Supreme Court decision that effectively resolved the dispute surrounding the 2000 presidential election in favor of George W. Bush. Only eight days earlier, the United States Supreme Court had unanimously decided the closely related case of Bush v. Palm Beach County Canvassing Board, 531 U.S. 70 (2000), and only three days earlier, had preliminarily halted the recount that was occurring in Florida.

In a per curiam decision, the Court ruled that the Florida Supreme Court's method for recounting ballots was a violation of the Equal Protection Clause of the Fourteenth Amendment. The reason for this was the lack of equal treatment of all the ballots cast in Florida. The Court also ruled that no alternative method could be established within the time limits set by Title 3 of the United States Code (3 U.S.C.), § 5 (Determination of controversy as to appointment of electors), which is December 12. Three concurring justices also asserted that the Florida Supreme Court had violated Article II, § 1, cl. 2 of the Constitution, by misinterpreting Florida election law that had been enacted by the Florida Legislature.

The decision allowed Florida Secretary of State Katherine Harris's previous certification of George W. Bush as the winner of Florida's 25 electoral votes to stand. Florida's votes gave Bush, the Republican candidate, 271 electoral votes, one more than the required 270 electoral votes to win the Electoral College and defeat Democratic candidate Al Gore, who received 266 electoral votes (a District of Columbia elector abstained).

An independent analysis of ballots after the Court's decision showed that Bush would have won the limited recount that Gore had requested, and also would have won the limited statewide recount ordered by the Florida Supreme Court. At the same time, this independent analysis showed that Gore might have won in other hypothetical types of recounts.